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.

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Even the most common family law issue can be intensely stressful to you. A knowledgeable prenuptial agreement lawyer can guide you through the process. An attorney will coach you on how to proceed and give expert guidance on hearings, negotiating, trials, and enforcing court orders. Take the first step now and talk to an experienced local prenuptial agreement attorney.

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