Can You Establish Alimony in a Prenup?

prenup agreement

A prenuptial agreement is often used to plan out how assets will be divided in case of a divorce, but that’s not it’s only use. You can actually use a prenup to set rules about alimony as well. However, it’s important to note that a judge can occasionally decide to put aside what is written about alimony in your prenup. That’s why it’s important to meet with our prenuptial agreement attorneys in Bergen County, NJ when you’re drafting such an important document.

How Else Can a Prenuptial Agreement Be Used?

A prenuptial agreement is often used to account for each party’s financial assets and decide what would happen to them if the marriage ended. In many cases, couples with a prenup decide that each spouse can leave the marriage with what they came into it with, but other arrangements can be made.

A prenup can also address the assets and liabilities that the couple acquires during the marriage. Arguments over the family home, shared vehicles, and other big-ticket items can often be among the most contentious parts of a divorce. A prenuptial agreement can decide this for you early on, so that the process is less acrimonious.

Finally, a prenuptial agreement can be used to make an agreement about alimony. Both parties could agree that no alimony is necessary, or one spouse can agree to pay the other for a certain amount of time.

Can My Prenup Be Voided?

A prenuptial agreement is a legal document, and that means that it needs to meet certain standards before it can be enforced. A prenup can be voided by a court if:

  • One or both parties were not honest about their financial assets
  • The prenuptial agreement was not entered into voluntarily
  • The prenup was signed too close to the wedding
  • One or both parties did not have legal counsel of their own

Parts of the agreement can also be deemed unenforceable without canceling out the entire agreement.

What Will Make a Judge Decide to Award Alimony Anyway?

Even if your prenup meets legal standards and you have established that no alimony will be paid, a judge could actually still decide to order one spouse to pay the other. This is often done in extreme conditions where one spouse would:

  • Completely lack any other kind of support
  • Be left on public assistance to get by
  • Have a standard of living far below the one established in marriage

A judge could deem the alimony provision of your prenuptial agreement to be “unconscionable in these situations.

Talk to a Prenup Lawyer Today

People don’t like to think about divorce when they are engaged, but crafting a prenuptial agreement is a responsible move. If you are thinking about writing one of your own, contact the Law Office of Townsend, Tomaio & Newmark. Our experienced lawyers can help you write a legally binding agreement that covers all of the financial matters that are important to you.

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