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6. Child Support and Spousal Support in Prenuptial Agreements

No state allows limitations on child support payment amounts in a prenuptial agreement. Child support payments are defined by state guidelines.

On the other hand, spousal support waivers vary from state to state. States which follow the Uniform Pre-Marital Agreement Act permit the waiver of spousal support. However, the laws on this topic are constantly changing. For example, the California Supreme Court ruled that these types of waivers are enforceable. The state legislature amended the statutes to require legal counsel for spouses who plan to sign a waiver.

In general, a blanket waiver is acceptable in many states. Specific spousal support agreements (for instance, that a spouse will receive $2,000 per month in the event of divorce) are more problematic and can be difficult to uphold.

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