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

Yes, New Jersey law allows spouses to include modification or elimination of spousal support in their prenuptial agreement.   However, a court may amend the prenuptial agreement provision regarding spousal support if it unconscionable at the time it is enforced. A spousal support provision is unconscionable in New Jersey if it leaves a party without reasonable means of support, it leaves a party dependent on public assistance or it leaves a party with a standard of living far below the standard of living enjoyed during the marriage.

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.

Additional Family Law Articles

Search LawInfo's Family Law Resources

Lead Counsel Rated Law Firm

Click Here to Learn More