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The Value of Prenups in Spousal Maintenance Determinations

Do Prenuptial Agreements Prevent Alimony?

A legitimate prenuptial agreement could keep you from paying or receiving alimony after divorce. However, a judge may still order spousal maintenance if they decide your prenuptial agreement is invalid.

Your prenup may not be enforceable in court if any of the following are true:

  • It is not signed and in writing.
  • One spouse signed it while under significant pressure or without sufficient time to review and understand the terms before signing.
  • It was created or signed after marriage.
  • It contains provisions that negate or minimize child support obligations.
  • One or both spouses failed to read or understand the terms of the agreement.
  • It contains inaccurate or insufficient information regarding at least one spouse's income, property, debts, etc.
  • It was written and/or signed while either spouse did not have his or her own legal counsel.
  • The terms of the agreement are such that their implementation would place one spouse at a severe financial disadvantage.

Click to learn more about how to determine the enforceability of marital agreements.

Judges May Even Override Legitimate Prenuptial Agreements

It is also important to note that you may sign a prenuptial agreement in which you or your spouse agree to waive their rights to spousal support in the event of divorce, but this will not bar a judge form ordering alimony. If the court considers your prenuptial contract to be lawful, it may choose to enforce the agreed-upon terms. However, if a judge perceives that applying those terms would put you or your spouse in an unfairly difficult position, they hold the power to override your prenuptial agreement and order either of you to pay alimony.

Our Team at Peter L. Cedeño Can Help You Get a Fair Alimony Arrangement

Whether you are seeking to carry out or override the terms of your prenuptial agreement, our divorce attorneys at Peter L. Cedeño & Associates, P.C. may be able to help. We serve couples and families in New York City who face a variety of challenges and conflicts during divorce, including scuffles over alimony and the validity of prenuptial agreements. Our legal team serves divorcing couples in Manhattan, Queens, Brooklyn, Staten Island, and the Bronx.

Call (212) 235-1382 today or send us an email to request a consultation with a divorce lawyer in New York City.

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