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Prenuptial Agreement FAQ

What can and cannot be in a prenuptial agreement?

Any sort of property can be included in the agreement, such as homes, automobiles, stocks, checking accounts, business ownerships or personal belongings. Debts can also be categorized as separate property. This prevents one spouse from being liable for the debts of the other should the marriage dissolve.

Very few states allow specific spousal support agreements in prenuptial agreements, since they are often difficult to uphold in court. Therefore, LegalZoom's prenuptial agreement does not provide for the listing of a specific amount of spousal support. However, you can state that both parties waive the right to spousal support in total.

Child support payments cannot be determined in a prenuptial agreement. The court will follow state guidelines to determine the amount.

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