Child Support and Spousal Support in Prenuptial Agreements

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.

  • Definition of a Prenuptial Agreement
    A prenuptial agreement is entered into before marriage. This agreement can set forth what will happen to your and your spouse's assets and income in the unfortunate event of divorce, separation or death. Most importantly, a prenuptial agreement can preserve the nature of property in the...
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  • Benefits of Prenuptials
    The benefits of a prenuptial agreement cannot be overstated. Although many divorces do not end up in court, they can still be extremely costly. Most people overlook the fact that marriage is a communion of property. Deciding who receives what property can be a painstaking process requiring a lot...
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  • Validity of Prenuptials
    The courts typically uphold prenuptial agreements unless one person shows:
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  • Community Property and Equitable Distribution in a Prenuptial Agreement
    To understand what a prenuptial agreement can do, it is important to understand community and separate property. Community property is observed in the following states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. All other states follow equitable...
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  • Separate Property in a Prenuptial Agreement
    The rules of community property and equitable distribution only apply to income and assets earned or acquired during the marriage. Separate property is everything a husband and wife own separately. In most cases, separate property includes:
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  • 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...
    read more