In California, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?
Yes, California law allows spouses to include modification or elimination of spousal support in their prenuptial agreement. However, the law requires that the affected spouse be represented by independent counsel at the time that the premarital agreement is signed. If the spouse was not represented by independent counsel or if the spousal support as written in the premarital agreement is unconscionable at the time of enforcement then the Court may disregard that part of the premarital agreement.
Other California Family Law FAQs
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Q:
What Steps are Necessary to Enter a Valid Premarital Agreement in California?
A: The California Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the … More -
Q:
What Is Community Property?
A: California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined … More -
Q:
How Is Community Property Divided?
A: The law does not require an in kind division of the community property. All that the law requires is that the net value of the assets received by each spouse must be … More -
Q:
What Are The Grounds For Divorce In The State Of California?
A: California was the first state to implement the nofault divorce concept. In California, a dissolution of marriage (divorce) can be granted if the court finds … More -
Q:
Are There Any Residency Requirements For Filing A Divorce?
A: Prior to filing a petition for a divorce, one of the spouses has to have been a resident of the state for a continuous six months and of the county for a continuous … More -
Q:
What Is An Annulment?
A: An annulment in the legal sense is NOT the same thing as an annulment in the religious sense. A legal annulment means that the marriage was invalid from its inception … More -
Q:
How Do The Courts Handle Educational Degrees And Professional Licenses Acquired During The Marriage?
A: In California, if a spouse has earned a college degree or a professional license, the community estate is entitled to be reimbursed for the costs of acquiring the … More -
Q:
Can I Get Part Of My Spouse's Pension And Employment Benefits?
A: To the extent that a married person accumulates an interest in a pension, retirement, profit sharing or other employee benefit plan during the marriage, it is … More -
Q:
How Do Courts Award The Family Residence?
A: Where minor children are involved, the custodial parent is normally allowed to live in the residence with the children for a specified period of time after the divorce … More -
Q:
Establishing A Support Order
A: The FSD or local child support agency will file an action to establish a support order for the parent or party that has custody of the child(ren) if there is no order. … More
