Can alimony be waived?
Can alimony be waived?
An alimony waiver means that you and/or your spouse agree that no award of support, maintenance or alimony will be made by the Court at the time of the divorce. If you waive alimony at the time of your divorce, you are also waiving any claim for past or future alimony. You and your spouse have similar levels of income.
When can alimony be modified?
The supporting spouse may have gotten a substantial raise, the dependent spouse could have remarried, or there could be a financial emergency, such as large medical bills. In most states, alimony can be changed after divorce if such situations should arise.
Can a prenup waive alimony?
The answer is yes. You can waive alimony in a prenuptial agreement; however, it must be done with the significant caveats and disclosures and there is never a 100% guarantee. However, if the waiver of alimony would leave the spouse needing government assistance, the court can and will set aside the waiver of alimony.
Can you get spousal support with a prenup?
Yes, you can actually use a prenuptial agreement or a postnuptial agreement (signed after marriage) to guarantee either spouse a minimum amount of alimony, so that each party knows their “worst case” alimony scenario in the event of a divorce.
Can a prenup override community property laws?
Regardless of your state’s property division laws, a prenuptial agreement lets you decide how marital property will be divided in the event of a divorce. In this sense, a prenuptial agreement can “override” community property or equitable distribution laws.
Does cheating void a prenup?
Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. A custom marital agreement can include an infidelity clause, but the ramifications should be carefully considered.
Do prenup protect future assets?
Yes, a prenuptial agreement can protect future assets. Those are common provisions you would put in to a prenuptial agreement. However, if your prenuptial agreement addresses your premarital accounts then you will most likely not have to share those with your spouse.
What happens if you sign a prenup and your husband dies?
However, a prenuptial agreement, or “prenup,” can also have an impact on inheritance in the event of a spouse’s death. Then, when the surviving spouse later dies, those assets will be passed on to his or her children, leaving the children of the first spouse out in the cold.
Does a prenup cover future inheritance?
If you have children from a previous relationship and you want to ensure that they inherit some of your property, you can use a prenup. If you have a family heirloom, family business, even a future inheritance, or other piece of property that you want to keep in your birth family, you can specify this in your prenup.
Can a prenup protect my 401k?
The easiest way to protect your 401(k) assets is to have a prenuptial agreement. A prenup can specify that your 401(k) will be considered your separate property in the event of a divorce. You can even establish that any contributions that you make to the account during the marriage will be considered separate property.
What does a fair prenup look like?
A prenup should have both parties represented by separate lawyers and it is vital to make sure there is a complete and full disclosure of liabilities and assets and the marriage is being entered into between two consenting adults. These are all primary aspects of a good and healthy prenup.
Should I be offended by a prenup?
For starters, don’t freak out. Being upset, offended, or taking it personally can quickly lead to resentment, which is no way to start your marriage. While it may feel like a personal attack when the words, “I’d like you to sign a prenup,” are spoken, it’s really not meant to be.
