Can You Establish Alimony in a Prenuptial Agreement?
No one wants to think that they could get divorced someday, but it’s still wise to seriously consider drafting a prenuptial agreement. This agreement can cover many different matters, and some of our clients do not realize that one can even be used to establish alimony after a marriage. There are a few things you should know before relying on a prenup though, so we suggest that you talk to our Chatham prenuptial agreement attorneys when you’re thinking about writing an agreement of your own.
What Else Can You Put in a Prenup When You Establish Alimony?
You can establish alimony when you write a prenuptial agreement, but that’s not all this agreement can do. You can actually make decisions about a wide range of assets and what will happen to them in advance. This can make the divorce process easier and less stressful, potentially allowing you to stay on better terms with your former spouse. This is particularly important for couples who need to co-parent after a split.
A prenup can make it clear what happens to separate assets, anything that each spouse brought with them into the marriage. It can also address what happens to any assets that are considered marital property, like houses and vehicles that you purchased together. This agreement only covers purely financial items though. If you plan to have children, you cannot have a prenup plan for matters like child support or visitation.
What Makes a Prenup Enforceable?
If you want to establish alimony through a prenuptial agreement, you also have to be sure that the agreement is legally enforceable. That means that it must meet certain standards. You have to make sure that:
- The agreement is in writing
- The agreement is signed by both parties
- Both parties have revealed all financial assets
- The prenup must be voluntary for both parties
- Both parties have legal counsel of their own
- Both parties had time to review the agreement
These rules are in place to ensure that neither party is pressured to sign an agreement and that no one signs without really considering the outcomes.
Can a Judge Still Award My Spouse Alimony?
It is important to note that the prenuptial agreement might not stop a judge from awarding alimony to one spouse. Even if you establish alimony or the lack of alimony in a prenup, the court still needs to look at some important factors, like the finances of both parties and how long the marriage lasted, before making a final decision.
In some cases, the alimony clause of your prenup can be ignored. If one spouse would be unable to work or left without any means of support, the other may need to pay alimony. This can also happen if a spouse would be reliant on public assistance or left with a standard of living far lower than the one enjoyed during marriage.
Contact Our Law Firm
If you are ready to learn more about prenuptial agreements and how one can be used to establish alimony, contact Lazor Rantas, PC. Our experienced family lawyers would be happy to tell you more about how our law firm can help you.
