On a marriage settlement, do I include my wife and I’s child from before the marriage? We do have one in common from much before our marriage.

March 22, 2025 11 3

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On a marriage settlement, would I include my wife and I’s child from before the marriage? We do have one in common from much before our marriage.

I understand the importance of ensuring everyone is taken care of in a marriage settlement. Are you looking to include all children, including those from before the marriage?

I don’t know, should I?

Have you discussed this matter with your wife and reached an agreement on how to handle the inclusion of all children in the marriage settlement?

Well, I’m not sure it matters. We came to an agreement on child support numbers so I wouldn’t fight for custody or visitation.

We’re fine with this — I’m just not sure if our child together from before the marriage should be included or not.

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with including children in the marriage settlement.

I think that’s it.

AttyZ

Hi, and thank you for using AskaLawyer. My name is AttyZ, and I will be the lawyer assisting you with your question.

 

Just a general disclaimer that this conversation is for informational purposes only. I am not your lawyer, and nothing we discuss here creates an attorney-client relationship. It’s always best to consult a local attorney for legal advice specific to your situation.

AttyZ

So sorry you’re having trouble with this — I understand it can be confusing.

Here’s the clarification:

  • If you had a child with your spouse before you got married, then yes, you would generally include that child in the marriage settlement as a product of the marriage.
  • However, if the child is not biologically your spouse’s, then no, that child wouldn’t automatically be included, unless both parties agree to address support, custody, or related issues in the agreement.

Perfect, thank you so much.

AttyZ

You’re very welcome! Let me know if you have any further questions.

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