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Pre-nup and alimony

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pokeyjjj

Junior Member
What is the name of your state? California

What are the laws regarding including alimony/palimony payments in a prenuptial agreement? I had heard that you can include them but in California a judge can override these claims as he/she deems necessary. I have also heard that you can put in a waiver of spousal support but it doesn't make any difference that the laws are already set and the prenuptial agreement cannot override those laws. I'd like some clarification.

Thank you :p
 


Tayla

Member
Okay I'll clarify: To the best of my (limited) knowledge, a prenup is a contract and therefore falls within the contractual laws of the state in which it was signed and enforced. Naturally the *verbage* will play a considerable part, if it is challenged in a the court system.

Not sure if a judge can toss out an agreement if both parties signed. Good question though!
 

pokeyjjj

Junior Member
I know in most cases the judge can't throw it out. But I read on a website, that in some community property states, even if alimony is written into a pre-nup it can still be overridden according to that state's laws. Does it make sense that you can override the law in a pre-nup? And that is when the judge can decide whether the agreement stays or goes.
 

Tayla

Member
Your information is correct. A judge can overule a pre nup. This goes for any case law contract. One particular case written about is the prenup of Speilburg and Amy Irving. Because the prenup was written on a napkin and she didnt get to confer with her own attorney, the prenup was tossed out in favor of a more amicable (and lucrative!) settlement. Pre nups are not iron clad contracts. Both parties are often required to confer with an attorney and make sure that each are fully aware of the rights being given or restricted. Most adults who enter into these agreements do so with the intention of protecting assets or family assets passed down. Most often there are some concessions and there can be Modifications added or decreased thru the years. Hope this helps!
 

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