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

Yes, Oregon law allows spouses to include modification or elimination of spousal support in their prenuptial agreement.   However, if that modification or elimination of spousal support would cause one of the spouses to be eligible for public assistance at the time of the separation or divorce then the Court may require the other spouse to pay alimony to the extent necessary to avoid such eligibility. 

Other Oregon Family Law FAQs

  • Q: What Is The Child Support Program?
    A: Federal law requires each state to have a child support program. In Oregon, the Department of Human Services oversees the program. It is the goal of the Child Support … More
  • Q: When Should I Apply For Child Support Services?
    A: Every child has the right to have the support of both parents. The Child Support Program may be able to help if you are having problems: Establishing who the father of … More
  • Q: Who Is Entitled To Child Support Services?
    A: Child support services are available to both custodial and noncustodial parents. Even if you or the other parent live in another state, you can apply for services in … More
  • Q: What Agency In Oregon Enforces Child Support Orders?
    A: The Central Operations Region Accounting Teams of DCS provide the billing and accounting services. These Teams have a 24­hour toll­free number (below) to help … More
  • Q: What Is Expected Of Me?
    A: If you are thinking of applying for public assistance, you may want to contact your local District Attorney first. They may be able to help you get child support, … More
  • Q: How Do I Get Services?
    A: If your child receives public assistance, your child support case should be referred to DCS automatically. That is also true if your child is in the custody of the … More
  • Q: What Services Will The Division Of Child Suppot Not Provide?
    A: Legal Advice  Neither the Division of Child Support (DCS) nor the District Attorney is your attorney. They cannot give you legal advice. They represent the State … More
  • Q: What If I Have A Grievance?
    A: Parties in child support cases are entitled to fair, professional, courteous and accurate service from offices of the Oregon Child Support Program. If you have a … More
  • Q: Who Do I Contact?
    A: If you receive public assistance and have questions about establishing paternity or establishing, modifying or enforcing a support order, contact the nearest Division … More
  • Q: What Steps are Necessary to Enter a Valid Premarital Agreement in Oregon?
    A: The Oregon Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement … More

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