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Addressing spousal support in a California prenuptial agreement

| Jan 6, 2021 | Divorce |

When California couples get married and have a prenuptial agreement (also referred to as a premarital agreement), it will address many potential issues that frequently come up for dispute in a divorce. That includes various forms of property division. Spousal support can also be a part of a prenuptial agreement. However, it is important to know about the provisions that can be included and what is not enforceable based on state law. Understanding how to handle these concerns from both perspectives is imperative.

Spousal support can be included in the prenuptial agreement

The key to spousal support in a prenuptial agreement and whether it is enforceable is if it is deemed unconscionable (unfair) or not. If, for example, the financial circumstances changed radically from the time the couple entered into the agreement to when they decided to divorce, this could be a factor in deciding that the agreement can be enforced. If a person misled the other before the agreement was signed, this too could be a concern.

A fundamental aspect is if the person who signed the prenuptial agreement and will face enforcement limiting their spousal support did not have independent counsel at the time or if it is unconscionable. Simply having legal counsel at the time does not automatically mean the agreement is acceptable if there are reasons for which it may be declared unenforceable. If there was not a full disclosure of the property and financial obligations, there was no voluntary waiver of disclosure of financial obligations, or the person did not have knowledge of those financial obligations, then the agreement could be unenforceable.

Legal assistance with all aspects of premarital agreements

Because spousal support can be in dispute when a couple decides to get a divorce, it is important to understand how a prenuptial agreement can prevent these time-consuming and costly court battles beforehand when crafting the agreement. This includes making certain that it adheres to the law, is fair and people understand what they are signing. For help with premarital agreements, divorce and other areas of family law, a qualified legal firm with a history of helping people with their unique situations might be beneficial.