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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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