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.

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