Scenario: Substantial trading accounts all funded pre-marriage. Trading all during marriage of those pre-marital trading accounts with occasional withdrawals to bring money into the marriage to live on. Question: In Divorce, will those accounts remain the 100% owner of the person who was trading pre-marriage with the pre-marital money?
https://www.womansdivorce.com/who-gets-what-in-a-divorce.html Probably: What you had before the marriage is yours. What you made in trading after the marriage has to be split, usually 50/50. So the profits made from your money after marrying are not yours, but are part of the things that have to be split 50/50.
The Draconian divorce laws in the U.S. need to be changed. Why would any successful man ever get married? Pre nups aren’t guaranteed to protect you. The divorce laws were made when women stayed home and raised the kids and insured they weren’t tossed out on the street with nothing. Those days thankfully are long gone and the laws need to be updated in kind.
In EU the law dates from Napoleon. The early 1800's. Same problem. You can specify in prenups what you wish, but even if it is legal according to the law you still can get robbed. Legal certainty does not exist in real life, it exists only in the books of the laws.
Forget the super rich where assets are rarely split 50/50 even if there isn’t a prenup. It’s the middle class and the lower class where divorce laws are critical.
my guess is and I’m not a lawyer is that the account will be broken up: initial capital goes to the trading spouse and gains split as spouse can make a claim those funds were only attainable because spouse contributed to other aspects of the traders life.
If the spouse is working she should not be getting a 50-50 share. Even if she is not working, she should only be getting enough money to maintain her lifestyle as during the marriage.