Premarital Agreement Spousal Support: What You Need to Know

Premarital agreements, also known as prenuptial agreements, are becoming increasingly popular in today`s society. A premarital agreement is a legally binding contract that is signed by two people who intend to get married. The agreement lays out the terms and conditions of the marriage, including how assets and liabilities will be divided in the event of a divorce. One of the most critical aspects of a premarital agreement is spousal support.

Spousal support, also known as alimony, is a payment that one spouse makes to the other after a divorce. In the past, it was much more common for men to pay spousal support to women, but that is no longer the case. Today, either spouse may be required to pay spousal support.

When creating a premarital agreement, it is essential to address spousal support. You and your partner can decide if either of you will be required to pay spousal support and how much. You can also determine the length of time that the support payments will last.

It`s important to note that not all premarital agreements involving spousal support will be upheld in court. If a court determines that the agreement is unfair or that one spouse was coerced into signing it, the agreement may not be enforceable. To increase the chances of having your premarital agreement upheld in court, it`s crucial to work with an experienced attorney who can help you create a fair and legal agreement.

It`s also crucial to understand that a premarital agreement can`t be used to waive or limit child support. Child support is determined by the court and is based on the needs of the child. A premarital agreement can`t override the court`s decision on child support.

Before creating a premarital agreement, it`s important to talk to your partner about spousal support and other important issues. This conversation is an excellent opportunity to discuss your goals and expectations for the marriage. If you`re not able to come to an agreement, it`s essential to seek the help of a qualified attorney who can help you create a fair and effective premarital agreement.

In conclusion, a premarital agreement can be an effective tool for couples who want to protect their assets and plan for the future. When creating a premarital agreement, it`s important to address spousal support and work with an experienced attorney who can help you create a fair and legal agreement. Remember, a premarital agreement can`t override the court`s decision on child support, so it`s vital to keep that in mind when creating the agreement. With careful planning and legal guidance, a premarital agreement can provide you and your partner with peace of mind and security as you enter into marriage.