What are Spousal Support Provisions?
Spousal support provisions are clauses found in prenuptial agreements that set the amount of spousal support each spouse will get if they divorce.
Are Spousal Support Provisions in Prenuptial Agreements Enforceable?
The laws regulating prenuptial provisions vary from state to state. However, in several states (including California, Illinois, New Jersey, Texas, and Virginia) spousal support provisions are generally enforceable if they are made voluntarily and are impartial.
Voluntary
A spousal support provision is voluntarily agreed to if: - Both parties voluntarily entered into the prenuptial agreement
- Both parties had more than seven calendar days to review the terms of the agreement before signing
A party, who in writing and with sufficient information waives his or her right to spousal support, may not succeed in getting spousal support.
Impartial
A spousal support provision is impartial if: - The prenuptial agreement doesn't unfairly advantage one party over the other
- Each party was fully informed of all of the other's property or financial obligations
Do I Need a Lawyer for My Spousal Support Provision Problem?
Spousal support provisions in prenuptial agreements can be complicated and difficult to understand. An experienced family law attorney can help you understand your rights and how to protect your interests. A family law lawyer can also represent you in court if a dispute arises. |
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