Can You Include Spousal Support In A San Jose Prenuptial Agreement?
When creating a prenuptial agreement in San Jose, much of the focus is on spelling out rights and responsibilities when it comes to property and assets. However, spousal support (or alimony) is another critical issue to address.
In California, prenuptial agreements can absolutely set terms around spousal support, but strict legal rules apply. Our San Jose prenuptial agreement lawyer explains how to include spousal support provisions that are both fair and legally enforceable if they are ever needed.
Including Provisions Regarding Spousal Support As Part Of A San Jose Prenuptial Agreement
Spousal support is available in Santa Clara County divorce cases where one party makes significantly more than the other. Under the California Family Code, couples can include stipulations regarding these payments when creating a prenuptial agreement in San Jose.
Whether you intend to limit or waive alimony in your prenup, keep in mind that to be enforceable, it must meet several strict requirements. Courts will carefully examine spousal support provisions to ensure they are:
- Voluntarily agreed to without coercion;
- Not unconscionable at the time of enforcement;
- Based on a complete disclosure of each party’s financial situation;
- Signed only after each party had independent legal counsel or signed a formal waiver of the right to counsel.
If a court finds that enforcing the prenup’s spousal support terms would be unfair or leave one spouse destitute, the judge can set those terms aside, even if they were agreed on years earlier.
Key Considerations When Addressing Spousal Support in a Prenup
Because spousal support is often a heated issue in divorce, it should be addressed in a San Jose prenuptial agreement. Key considerations include:
- Whether spousal support will be waived entirely or limited to a certain amount or timeframe;
- Triggering conditions for an alimony award, such as the length of the marriage or earning disparities;
- Sunset clauses, where spousal support waivers expire after a certain number of years;
- Protections for major life changes, such as illness, disability, or major career shifts;
- Clear acknowledgment that both parties had the chance to consult attorneys.
Even if couples are in complete agreement today, circumstances can change dramatically over time. Drafting flexible and fair terms helps avoid problems later.
Keep in mind that the California Family Code also imposes a seven-day waiting period between when a final prenuptial agreement is presented and when it is signed if it includes any waiver of spousal support. Skipping this waiting period could jeopardize the enforceability of the agreement.
For Trusted Legal Guidance, Contact Our Experienced San Jose Prenuptial Agreement Lawyer
Creating a carefully drafted prenuptial agreement in San Jose helps in protecting both you and your spouse in the future. When it comes to including provisions for spousal support, the trusted legal guidance you need at Argyris Mah, LLP.
We help you navigate the complexities of California family law and ensure your prenup is strong, fair, and enforceable. Contact us today to schedule a consultation with our experienced San Jose prenuptial agreement lawyer.
Sources:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=1612.
santaclara.courts.ca.gov/divisions/family-division
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=1615.
