In Indiana, can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Yes, Indiana law allows spouses to include modification or elimination of spousal support in their prenuptial agreements. However, if the couple decided to limit or eliminate alimony in their prenuptial agreement, a Court could override that part of the agreement if one of the spouses would suffer extreme hardship because of the agreement in a way that was not reasonably foreseeable when the parties executed the premarital agreement. In that case, the Court can only override the prenuptial agreement to the extent necessary to prevent extreme hardship.

Other Indiana Family Law FAQs

Q: What Steps are Necessary to Enter a Valid Premarital Agreement in Indiana?
A: Indiana law requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement must be made voluntarily by … More