謀財嫁娶情結 棒打鴛鴦

http://www.thewisdom.com.tw/archives/1563

某天,在逛臉書的時候看到一個新聞標題,說下半身癱瘓的月亮歌后李珮菁跟她結婚32年的丈夫離婚。看到新聞標題的時候我很震驚,因為我記得這個丈夫是從李小姐癱瘓開始就一直照顧她,有時候看談話節目還會看到李小姐暢談她老公對她多好又多好,怎麼會突然離婚?仔細看內文,原來是另有隱情(登楞~),因為李媽媽三十多年來一直覺得,這個窮女婿娶她女兒是貪圖她家的財產,李爸爸過世的時候,甚至連訃文都沒寫上這個女婿的名字,李小姐覺得這樣太羞辱人了!為了證明她先生真的不是為了她的財產,所以倆人決定以「離婚」來明志。

想進豪門先簽契約 阻絕分產意圖

以前也聽過即將嫁入豪門的準媳婦被逼著預立放棄離婚後分財產的契約書,因為婆家認為,這個平凡女子嫁入豪門,絕對是「蕭貪(台語:貪圖)」他們家的財產,所以先來個下馬威,讓準媳婦知道她嫁進來是拿不到任何好處的(到底這豪門的兒子本身條件是有多差?連親媽都不相信有女人會真的愛他)。

單純的愛情牽扯到金錢就會變得醜陋。本來以為這種因為父母阻撓導致情路坎坷的情節,只會發生在連續劇裡面,沒想到現在很多婆婆岳母都以為自己是席曼寧,沒事就自己在演「花系列」。說真的,結婚貪圖對方的家產這種人也不是沒有,我就認識一個這樣的壞女人,騙她的有錢老公說她是雙夫命,要離婚再結婚才能破這個劫,結果老公傻傻地真的跟她辦離婚,之後她就拿著分得的財產投向新歡懷抱,現在還在到處招搖撞騙。但現實生活中,一般人若想用結婚再離婚的手段分到對方家族的財產,其實並不是那麼容易。

〈法條停看聽〉

根據民法第1138條的規定,遺產繼承人除了配偶,依順位就是直系血親卑親屬,父母,兄弟姊妹跟祖父母,沒有「子女的配偶」這個選項。按照這個規定,女婿跟媳婦是沒有公婆岳父岳母的遺產繼承權的。加上民法第1030條之1第一項的規定:「法定財產制關係消滅時,夫或妻現存之婚後財產,扣除婚姻關係存續所負債務後,如有剩餘,其雙方剩餘財產之差額,應平均分配。但下列財產不在此限:一、因繼承或其他無償取得之財產。二、慰撫金。 」即使上一代長輩過世,遺留的財產也不列入夫妻離婚後的財產分配金額裡面。意思就是,即使你岳父岳母身後留了帝寶給你老婆,離婚後連停車位都沒你的份。

〈巴毛小補帖〉

離婚後剩餘財產分配的立法目的,主要在肯定家務管理對於婚姻生活之貢獻,也就是說,如果一方為了家庭付出,所以在家帶小孩、洗衣服,離婚後不該因此什麼都沒有,畢竟他也是為這個家在付出,因此把對方的財產分一部分給他,所以分配範圍只限於共同努力的部分,也就是所謂「婚後財產」,以登記結婚那一天為界線往後算。簡單來說,如果周杰倫結婚以後,立馬覺得看破紅塵而退出演藝圈,那即使婚前他有蝙蝠車、有豪宅、當過3D青蜂俠的搭擋,婚後財產就是0!要是不幸哪天離婚了,昆小姐婚後財產還要分他一半喔(是說昆凌姓昆嗎?哎呀,我怎麼把人家全名講出來)!

真愛勝出 別為難深情夫妻

我記得月亮歌后因故下半身癱瘓後,演藝事業也停擺,所以婚後也許並沒有太多收入,婚前即使她是秀場天后,作秀酬勞用麻布袋裝,那也是婚前的收入,即使離婚了,他老公也拿不到這批錢裡的任何一分。所以說,李媽媽也許是多心了!妳女婿根本分不到甚麼錢,還這麼盡心盡力照顧妳女兒這麼多年,雖說真愛跟鬼一樣,相信的人很多,可是遇見的人很少,但妳女兒這次非常有可能是真的遇見了真感情,還是別再為難他們了呀!(文內所提條文,僅供參考。)

本文擷取自: 自由時報 – 副刊     文/巴毛

原文網址:http://news.ltn.com.tw/news/supplement/paper/843599



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