Jump to content

Can a Thai wife get at USA assets upon divorce, even if we never go to the USA?


BananaBandit

Recommended Posts

If I officially marry a Thai woman in Thailand, does she - in the event of divorce - have a real chance of getting at my US-based assets even if we never go to the US together?

 

My Thai assets probably amount to less than those of your average street sweeper here.

 

My personal savings in the US amounts to a bit more, but it honestly ain't that much. 

 

What really concerns me is:   Thai wife being able to get a chunk of the inheritance that my aging US parents intend to give to me. 

 

I'm too young for retirement visa, and I really don't want to leave Thailand. My life here is better than in other places, and, moreover, I like this country far more than the US. 

Link to post
Share on other sites

If you don't register your marriage in the US how would she be able to claim anything? Perhaps that's just being logical and she can, but could she afford to hire a lawyer in the US?

 

To be absolutely safe, don't officially marry a Thai woman. Village weddings are great- not legal.

 

You'd be screwed in NZ though. She only has to live with a man for 2 or 3 years and it's regarded as same as a legal marriage.

Link to post
Share on other sites

Any inheritance money received by either spouse would remain their personal property (sin suan tua) and could not be claimed by the other in the event of divorce.

 

Thai CCC section 1471 line 3 applies.

 

 

Link to post
Share on other sites

Not if you divorce her in Thailand.  If you divorce her in the U.S, she may get some of your assets.  Divorce her in Thailand and you have no worries relative to U.S assets

Link to post
Share on other sites

OP, take the geography out of the scenario. What would be your situation if you married someone tomorrow in the US.

Thai wife would theoretically be the same as marrying the girl next door in the US, she is your legal wife and the same rules apply.

Whether a Thai wife would have the means to pursue a US divorce settlement would be another question.

Link to post
Share on other sites

4 minutes ago, thaibeachlovers said:

To be absolutely safe, don't officially marry a Thai woman. Village weddings are great- not legal.

 

But doesn't get him the visa/extension he's looking for (reading between the lines).

Link to post
Share on other sites

2 minutes ago, Salerno said:

 

But doesn't get him the visa/extension he's looking for (reading between the lines).

If he waits till he gets the inheritance he doesn't have to share it and has the money to enjoy all that Thailand has to offer.

Link to post
Share on other sites

9 minutes ago, ThaidDown said:

Any inheritance money received by either spouse would remain their personal property (sin suan tua) and could not be claimed by the other in the event of divorce.

 

Thai CCC section 1471 line 3 applies.

 

 

That would only apply if the wife is pursuing a divorce in Thailand, if she went to the US and found a lawyer, it would be a divorce under US law.

Link to post
Share on other sites

A wife even if married in the US does not get your inheritance if you do not comingal the funds.

I went through this knowing the law I put the inherited funds in an account in my name only knowing at the time I was going to divorce and move to LOS.

So, if you make the mistake getting married keep it separate.

Link to post
Share on other sites

1 hour ago, thaibeachlovers said:

If you don't register your marriage in the US how would she be able to claim anything? Perhaps that's just being logical and she can, but could she afford to hire a lawyer in the US?

 

To be absolutely safe, don't officially marry a Thai woman. Village weddings are great- not legal.

 

You'd be screwed in NZ though. She only has to live with a man for 2 or 3 years and it's regarded as same as a legal marriage.

Any marriage in Thailand is officially recognized in the US, and that spouse can be added to any benefits such as US based medical policies, retirement pension benefits and such.  The spouse can also be added as a dependent and a ITN can be obtained for tax purposes as well for the Annual taxes required to be filed.  However, anything obtained outside of the marriage, basically before the marriage, is not attainable by the spouse upon divorce.  50% of assets gained during the marriage, outside of an inheritance that should be put into a family Trust will be attainable.  My prenup for my now ex-wife kept her from obtaining anything except her vehicle and the clothes on her back when she decided to have an affair and left for the millionaire she found.  However, much depends upon how much info you share.

Link to post
Share on other sites

"Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce."

 

https://family.findlaw.com/divorce/inheritance-and-divorce.html#:~:text=Generally%2C inheritances are not subject,the parties in a divorce.

Link to post
Share on other sites

Before getting married you already started thinking about not giving anything to your wife. LOL. Remain single, eat drink and be merry for tomorrow you may die.

Link to post
Share on other sites

59 minutes ago, chuang said:

Before getting married you already started thinking about not giving anything to your wife

Wife yes,  ex wife no. 

A long time ago, a friend of mine who speaks Thai was listening in on a conversation between  2 Thai women at a coffee shop . One of them was carefully explaining to the other one exactly how long she needed to stay with an older German guy she had just met , in order to maximize the amount of benefits and support she could get after divorcing  him (deliberately). 

Don't kid yourself, some women also get married with an exit strategy that was pre- planned.

 

The 3 Gabor sisters married 20 different guys over time.  All of them were wealthy.

 

 

 

 

 

.

Link to post
Share on other sites

2 hours ago, thaibeachlovers said:

If you don't register your marriage in the US how would she be able to claim anything? Perhaps that's just being logical and she can, but could she afford to hire a lawyer in the US?

 

To be absolutely safe, don't officially marry a Thai woman. Village weddings are great- not legal.

 

You'd be screwed in NZ though. She only has to live with a man for 2 or 3 years and it's regarded as same as a legal marriage.

With a good lawyer she can get it.

Link to post
Share on other sites

22 hours ago, Shot said:

"Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce."

 

https://family.findlaw.com/divorce/inheritance-and-divorce.html#:~:text=Generally%2C inheritances are not subject,the parties in a divorce.

The key here is not to comingle the funds. Your inheritance should be kept in a separate account in your name only. I'm speaking from experience after a divorce in Tennessee. I got screwed!

Link to post
Share on other sites

23 hours ago, NCC1701A said:

yes she can. you will be married. 

 

don't do it, step back from the ledge, you have your whole life ahead of you. 

 

 

Sound advice. Just don't do it! Enjoy your life with less stress. If you're worrying about this now then once hooked just think what could happen with no freedom. No upside for men in marriage.

 

Link to post
Share on other sites

On 11/22/2020 at 9:34 AM, thaibeachlovers said:

If you don't register your marriage in the US how would she be able to claim anything? Perhaps that's just being logical and she can, but could she afford to hire a lawyer in the US?

 

To be absolutely safe, don't officially marry a Thai woman. Village weddings are great- not legal.

 

You'd be screwed in NZ though. She only has to live with a man for 2 or 3 years and it's regarded as same as a legal marriage.

Pretty much the same in Australia although I think the time is less.

I often wonder whether the people asking these questions would do so if their wife was from their home country ?

Link to post
Share on other sites

On 11/22/2020 at 9:37 AM, Peterw42 said:

OP, take the geography out of the scenario. What would be your situation if you married someone tomorrow in the US.

Thai wife would theoretically be the same as marrying the girl next door in the US, she is your legal wife and the same rules apply.

Whether a Thai wife would have the means to pursue a US divorce settlement would be another question.

I think geography is particularly the point of his question and an essential part of the answer. Generalizations and simplification are not compatible with law. 

Link to post
Share on other sites

14 minutes ago, RocketDog said:

I think geography is particularly the point of his question and an essential part of the answer. Generalizations and simplification are not compatible with law. 

The geography makes no difference, a legal wife is a legal wife, irrespective of borders.or nationality.

A US divorce would be the same laws irrespective of geography. If the Thai wife pursued a divorcee in the US she would get the same settlement as a wife born and living in the US

Link to post
Share on other sites

2 minutes ago, Peterw42 said:

The geography makes no difference, a legal wife is a legal wife, irrespective of borders.or nationality.

 

If you say so, since as an international divorce attorney you certainly know more than I do. I'm not an attorney. 

But then again I wasn't dispensing legal advice either. 

Maintaining that geography is irrelevant to his strategy is naive in my non-legal opinion. 

Link to post
Share on other sites

My significant other and I plan on marrying within a year’s time (already 4 years together happily). Separate Thai and USA Wills already. Previous to marriage a prenup is planned. From the get go I had made clear that what comes to Thailand stays with her. My remaining funds in the US go to my two Sons. She has no issue with this. So, not so much here and Sons’ inheritance protected. I believe in any case, Thai law states only income/property during the marriage is subject to split upon divorce (additional fine points, such as inheritance, Thai land exclusions).

Link to post
Share on other sites

23 hours ago, uncleP said:

The US recognizes pre nups where as the UK , for example, does not. Perhaps this is the way to go, however, why get married if you already don't  trust her. 

“Once burnt, twice shy”?

Link to post
Share on other sites

As long as you never bring her to the US, I doubt it. However, if you spend significant time there together, maybe. Otherwise, she has no chance of it. Where would she even start? And to be safe, there is no reason for her to even know wait your assets are in the US. Period. 

Link to post
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...