Can you put spousal support or alimony in a prenup?

On Behalf of | Nov 4, 2021 | Prenuptial Agreements

You’re getting married for the second time. Your partner doesn’t work, but you have a lucrative career as a business owner. 

The first time that you got divorced, you lost far more than you thought. Not only did you have to divide assets, but you had to pay spousal support for a few years after the marriage. You were not happy about that, and you want to use a prenup to protect yourself this time around. 

However, you know that you can’t put things like child support in your prenup. Can you put in provisions regarding spousal support?

Alimony can be waived

Yes, you can use a prenup in this manner. What you need to do is ask your partner to waive their right to alimony. If they sign it and then you get divorced in the future, they have no right to ask for support from you. 

This does not mean that you do not have to divide assets. That must be addressed separately, though a prenup can be used to do so. But you can waive the right to spousal support independently from the decisions about how to divide the marital assets that you both own. 

Setting up your prenup

If you want to use a prenup, the most important thing is to know how to legally draft and file the documentation well in advance. Putting this off can invalidate it if you get too close to the date of the marriage. Be sure you understand the steps you’ll need to take to ensure that it holds up when you need it the most.