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Comment by euclidcapital on Taking the awkwardness out of a Prenup - A Game Theoretic solution · 2010-05-24T22:26:32.565Z · LW · GW

There are a couple of legal devices that people use for just this type of "strategic commitment" in regards to divorce

  1. the first is called a "spendthrift trust" or a domestic asset protection trust. Prior to marriage you put all of your assets into a trust that benefits you, but that you do not "control." the legal conceit here is that, since you do not really control these assets, but rather they are held in trust for your benefit, you could not have contributed these to communal property when you got married. so unlike the post, your assets are "confiscated" even before you get married.

  2. the second place I've seen is in closely held partnerships for PE and Hedge funds. If you are partner as part of joining the partnership you signed an agreement that basically said, that your future spouse can never own part of the partnership and what ever part of the partnership is granted to her by a judge or settlement is immediately retroactively nullified. hard core.