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Can a premarital agreement prohibit alimony?

On Behalf of | Nov 4, 2021 | Family Law

A premarital agreement protects both parties in the event of a divorce. It can set the stage for an easy settlement and quick process if you and your spouse decide to end your relationship.

Prenuptial agreements can cover many aspects of your financial life, but there are some specific points the law prohibits it from covering. While the Florida Statutes do allow you to include provisions about spousal support in your prenuptial agreement, there is one exception.

The goal

The whole point of spousal support is to ensure you and your spouse leave the marriage with finances that are as equal as possible and that one of you does not end up destitute.

If you enter the marriage in good financial condition, you may include a provision that prevents either of you from requesting alimony should you divorce. Things change over time, though, and when you actually do divorce, the situation may be different, which is where the law steps in.

The exception

The law prohibits any agreement to forego spousal support when it would leave one of the parties in a situation where he or she would have to get public assistance. The court can order the other party to provide alimony to help the other person avoid having to get benefits.

Beyond this exception, though, you can include provisions in your prenuptial agreement that address alimony. It is a good idea if you want to protect yourself from a claim in the future that could cause you financial hardships or require you to pay a former spouse money for an extended time.

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