About this episode
Would you rather write the rules of your marriage, or let a stranger write them for you?
James Sexton is one of America's most high-profile divorce lawyers, with more than 25 years representing clients in New York, and the author of 'If You're in My Office, It's Already Too Late'.
In this moment, James Sexton explains why the conversation most couples avoid could be one of the healthiest they ever have, and why an entire industry refused to take his money. He reveals how wealth can quietly vanish on paper, who really ends up paying when a marriage ends, and the decision he believes is far riskier than getting married. Plus, the simple advice he'd give any couple who never wants to end up in his office.
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Episode summary
This AI-generated Shortcast summary may omit nuance. Use the original episode when context or exact wording matters.
More people are asking about prenups, but it feels horribly uncomfortable with someone you love. Does it mean you expect the relationship to fail?
Every married couple has rules: they choose them together or accept what lawmakers wrote. I’d rather loving people build their own framework. Hard conversations are awkward, but getting through one makes you think, look at us, we’re still here.
I’m proudest not of a flawless relationship, but the messes my girlfriend and I have worked through without resentment. She says the roots have grown longer. Yet wedding expos wouldn’t give a divorce lawyer a prenup table.
Nope. I offered congratulations and information, not doom and gloom. Marriage ends through death or divorce; discussing that isn’t anti-romantic. “I’m scared of losing you, and I’d still want you well if we split,” can be loving. Optimism and realism sit at the same table.
Then I found out child support can change if income explodes. If I go from a million a year to a hundred million after we separate, am I finished?
In New York, support can be revisited after three years when income shifts thirty percent, though judges weigh the children’s circumstances. Parenting fights get financially and emotionally brutal. Money also blows marriages up through gambling, failed investments, day trading, and crypto. We examine how wealth is paid, borrowed against, or buried in trusts and companies.
So the person leaving can expect a payout and discover they owe support? Even a husband?
Absolutely. Alimony is gender-blind math, and timing matters when wealth was built during a long marriage. If you never want to see me professionally: pay attention—to you, to her, and to the we. If “Are we okay?” feels hard, lean into it.