.Had they continued the status quo, Chan could potentially lay claim to a much larger portion of assets, including a chunk of his $20 billion in Facebook shares, lawyers say.
"In California, people who live together without the benefit of marriage could claim they had an agreement to pool resources and efforts," said Napa, Calif., lawyer Robert Blevans. Although they are hard to prove, "those claims can get really ugly."
Blevans cited the case of Anthony Maglica, the founder of the company that makes Maglite flashlights. In 1994, an Orange County court awarded $84 million to Maglica's girlfriend Claire, who took his name and lived with him for 23 years. Although an appeals court reversed the award in 1998, she later negotiated a $29 million settlement.
The same logic-- avoiding messy court fights-- enters into the calculus of a prenuptial agreement.
"One of the primary reasons that wealthy people enter into prenups is to prevent the type of carnage that can come with divorce," said Garrett Dailey, an appellate attorney in Oakland, Calif., "Better to sort it out in advance."
A prenuptial agreement in California typically states how spouses would divide assets in the event of a divorce. The couple usually waives the right to make claims based on community-property laws, which state that any property created after the marriage is essentially community property and should be split evenly after any divorce.
In Chan's case, she could lay claim to a portion of the options and grants in Facebook stock that vest during the time of their marriage, lawyers said.
If there were no prenup, or if there were and Chan contested it, she could also try to go after stock Zuckerberg held previously if she could claim it increased in value during the relationship and the increase was due directly to Zuckerberg's efforts. Lawyers said that is hard to prove for publicly-traded companies.
- 8 年前最佳解答
相同的邏輯 - 避免凌亂法院打架 - 進入了一個婚前協議的演算。