Can you prenup alimony

The only time this will not work is if the result of no alimony will leave one of the spouses destitute, or severely without funds. As stated above, the issue of fairness is also considered with any prenup, and if the result of the enforcement of the prenup is that one spouse is more than financially stable for themselves, while the other is literally on the verge of homelessness, they may overturn the alimony provision of the prenuptial agreement.

Some spouses cut their career short for the sake of the marriage, sometimes to start a family, and this provision can be deemed unfair in this scenario, because of the impact that leaving the work force had on their career. This can be based upon the differences in incomes, length of the marriage, or any other factor you want to include, such as no alimony if the other spouse commits adultery.

Allowing for some form alimony versus a complete waiver is just a safer route to go. At the end of the day, a prenuptial agreement is a contract and you can agree to anything so long as you meet the legal requirements for a valid prenup blog to come on this topic , and the terms do not violate public policy or the contract contains terms that are illegal. But again, and I cannot reiterate this enough, if the prenuptial agreement is contested, it will be up to the Judge to decide and everything is fair game at that point.

Waive Alimony in a Prenuptial Agreement. AT1 , where the Superior Court of New Jersey Appellate Division considered the enforceability of a prenuptial agreement that called for alimony payments to one spouse upon divorce, depending on the length of the marriage. Code Ann. Famiglio , So. Jeffrey Weaver. When deciding child custody issues , the court will always take into account the best interests of the child.

Q: My spouse signed a prenuptial agreement in which she waived spousal support. Will the court still require me to pay spousal support? A: It depends. How does the court define an unconscionable agreement?