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haele

(15,476 posts)
57. Serial Monogamists run into the same situation.
Wed Jul 8, 2015, 06:20 PM
Jul 2015

Semi-custodial stepchildren, who might end up two or three steps away from one of the original birth parents.
Which spouse gets how much of the estate - the first wife, or the fourth wife?

I've seen it at work. My father-in-law had five wives, lucky for him - only the first gave him children, and the last two had children from a different father, so the pre-nup was still in place by the time he died. He divorced the first three but was a fairly willing non-custodial parent according to my husband and his sister.

Wife # four was a widow with her own rather large estate (her husband was wealthy. So, when FiL died, the joint property that stayed with him through marriage #5 went to her children in accordance with that pre-nup.

Wife #five's children aren't even her own, they were her husband's, and wanted nothing to do with his ex who had run off with someone when the youngest was two. Wife # 5 ended up with legal guardianship, so when she divorced her Husband #1, the kids decided that they'd rather live with her than their own dad. (They were grown by the time she married FiL)
She's a sweetie, and had known Wife #4, so she had no issues when the time came to deal with my FiL's estate.

Now, if Wife #three had children with him as she had been apparently bugging him to do (and that was one of the issues that lead to that divorce, according to my spouse), you betcha there'd still be a huge fight over how his estate was to be split up - and he died three years ago.

FiL was a retired flag level Air Force officer and was high up in business, living off a very nice set of retirement packages. So, who gets his pension(s), retirement, and SSI? Wife # 1, married to him for twelve years, who helped him get his degree and stayed married to him five years into his Air Force career as a young officer? Wife #2, who saw him through six years as a mid-level officer's wife? Wife #3 who played the hostess role for a flag level officer's wife for almost ten years? Wife #5, his survivor, married to him for fourteen years?

Each has a survivor's claim to his estate, because he made his money with them at one point or another. The only difference between his situation and that of a polygamist's would be dependent on the ex-spouse's legal ability to make a claim. (I think wives # 2 and #3 are either deceased or have gotten re-married, so they no longer have a claim.)

Marriage as a legal entity is dependent on the clauses that are set into the agreement. That's why there's a big business in pre-nuptials; and there honestly would be very little difference between polygamy and serial monogamy when it comes to that.

Haele

Recommendations

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"Hi Honeys! I'm home!" (nt) Nye Bevan Jul 2015 #1
This is what I don't get. prayin4rain Jul 2015 #2
No, every person is NOT polyamourous. MineralMan Jul 2015 #6
Interesting. prayin4rain Jul 2015 #9
I guess it's a good thing for you serial monogamy is legal (divorce hasn't always been). n/t PoliticAverse Jul 2015 #54
Some people are asexual, in which case they are neither polyamorous nor monogamous. (eom) StevieM Jul 2015 #35
True. prayin4rain Jul 2015 #36
Dammit! I missed one! Iggo Jul 2015 #3
Right behind you. Orrex Jul 2015 #8
Yup. ismnotwasm Jul 2015 #15
I'm behind you on this too! JustAnotherGen Jul 2015 #27
THANK you! Le Taz Hot Jul 2015 #4
Sex between consenting adults is none of my business Major Nikon Jul 2015 #5
Citation, please? I haven't seen anyone here trying to run anyone else's sex lives. Orrex Jul 2015 #10
That's true Major Nikon Jul 2015 #48
the more adults there are the harder to have consent treestar Jul 2015 #81
Harder to find people willing to consent to such a thing, undoubtedly Major Nikon Jul 2015 #82
Excellent post Bonx Jul 2015 #7
Polyamory is fine. Institutionalized patriarchy as exemplified by polygamy not so much. riderinthestorm Jul 2015 #11
"Institutionalized patriarchy as exemplified by fundamentalist religious polygyny " not so much. TygrBright Jul 2015 #12
Completely agree but I haven't seen anyone address the legal framework question riderinthestorm Jul 2015 #14
Actually, I think I just did. The framework for marriage in industrialized societies is contract law TygrBright Jul 2015 #17
Marriage isn't contract law. It's why civil unions were always seen as second best riderinthestorm Jul 2015 #23
You asked about a legal framework as the basis. No, marriage isn't "civil union." TygrBright Jul 2015 #42
So since you're the first person to try to answer the legalities riderinthestorm Jul 2015 #52
These are actually questions that have already been tested, to some extent. TygrBright Jul 2015 #56
The laws are set up for serial monogamy. riderinthestorm Jul 2015 #58
Serial Monogamists run into the same situation. haele Jul 2015 #57
Nope. Serial monogamy is NOT the same as polygamy. riderinthestorm Jul 2015 #59
you are delusional... luvspeas Jul 2015 #32
A team of lawyers could handle the legal changes. Mojorabbit Jul 2015 #34
Just like that ? MattBaggins Jul 2015 #62
Modify existing parameters. Doable. nt Mojorabbit Jul 2015 #64
An army of lawyers and 50 years maybe MattBaggins Jul 2015 #66
They are already able to navigate confusing Mojorabbit Jul 2015 #67
not even MattBaggins Jul 2015 #68
"women and children are not well served by polygamy as its exemplified now" I agree. n/t prayin4rain Jul 2015 #13
It's pretty simple really Major Nikon Jul 2015 #55
sorry to offend but that is a libertarian naive comment MattBaggins Jul 2015 #63
I don't belive you are sorry to offend Major Nikon Jul 2015 #69
It is naive MattBaggins Jul 2015 #73
I didn't say anything about dissolving tort law or family courts Major Nikon Jul 2015 #74
Ahh you don't realize that courts and law MattBaggins Jul 2015 #75
Yeah, in the same way they are involved in everything else that doesn't concern marriage Major Nikon Jul 2015 #76
I don't have much respect for people who focus their entire lives on sexual gratification. underahedgerow Jul 2015 #16
I don't have much respect for non sequiturs Bonx Jul 2015 #18
I agree. Marriage is about so much more than sex. TygrBright Jul 2015 #19
The OP connected up the poly-whatever thingy to swingers... which is about.... sex. underahedgerow Jul 2015 #21
Maybe you missed this part of the OP. Your replies here sound to me rather like those who uppityperson Jul 2015 #41
It's also about rights. Tatiana La Belle Jul 2015 #65
Ironic that you're practically the only one talking about that in this thread then Cal Carpenter Jul 2015 #20
Buuuuut it's the entire point of the OP. And the entire point of the whole issue. This whole underahedgerow Jul 2015 #22
Sounds like a good time to start screwing The2ndWheel Jul 2015 #24
Pfft what for? It'll be over with in 2 minutes. underahedgerow Jul 2015 #25
Damn! Two minutes? Le Taz Hot Jul 2015 #31
lol, why men, of course! underahedgerow Jul 2015 #38
I haven't posted on any of the threads about this topic before Cal Carpenter Jul 2015 #28
Message auto-removed Name removed Jul 2015 #29
Welcome to DU. Le Taz Hot Jul 2015 #33
Golf is a genuine sport requiring skill. It's social, doesn't cause someone to destroy their careers underahedgerow Jul 2015 #37
Message auto-removed Name removed Jul 2015 #45
Is "the LGBT spectrum" a "lifestyle"? You says it's not a "lifestyle choice", but is it a lifestyle uppityperson Jul 2015 #46
Yes, in the definition as "a way of life". underahedgerow Jul 2015 #61
I must ask something, isn't this almost everyone? Humanist_Activist Jul 2015 #39
Exactly. Nothing is wrong with it at all, but gosh, we're bombarded by sexualised messages allllll underahedgerow Jul 2015 #43
Uhm, this isn't a recent phenomenon, indeed, sexual repression is, as you pointed out, quite the... Humanist_Activist Jul 2015 #44
I'm with you. It's importance has been blown completely out of proportion. smirkymonkey Jul 2015 #78
Last I heard, porn star Nina Hartley is in a long-term polyamorous relationship derby378 Jul 2015 #26
I want to hear from even 2 "groups" (for lack of a better term) who want to get married... luvspeas Jul 2015 #30
anybody? (crickets) luvspeas Jul 2015 #51
I wasn't around the other day for this Hydra Jul 2015 #79
but you must have a dozen people on du that support you luvspeas Jul 2015 #80
On this issue, after all the progress with LBGT movement, which I am helping Hydra Jul 2015 #83
This is more of a social issue than a political one. lostnfound Jul 2015 #40
It's a legal issue if you think Tatiana La Belle Jul 2015 #60
Thank you. Tatiana La Belle Jul 2015 #47
Tatiana La Belle-Posting Privileges Revoked 7-10 Bluenorthwest Jul 2015 #84
LGBT people were closted in great majority until laws against homosexuality were repealed, in CA Bluenorthwest Jul 2015 #49
Thanks for judging those of us who don't live in California. n/t TygrBright Jul 2015 #50
I did no such thing. You are evasive and disrespectful. Clearly you don't even know the history Bluenorthwest Jul 2015 #70
I'm scum, alright. Feel free to put me on ignore, it'll be a first for me. TygrBright Jul 2015 #71
plus a bajillion! luvspeas Jul 2015 #77
I personally have no problem with any combination of consenting adults who choose to bond together peacebird Jul 2015 #53
Spot on Blue_Adept Jul 2015 #72
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