Can a Prenuptial Agreement Address Spousal Support or Alimony?

 Posted on June 16, 2021 in Prenuptial Agreements

In many cases, couples who are planning to get married may be considering whether they will need the protection of a prenuptial agreement. A prenup can be beneficial in many situations, including cases where one or both spouses own significant assets or have children from a previous relationship. By entering into an agreement that decides how certain issues will be handled if their marriage ends in divorce, a couple can avoid uncertainty, minimize potential disputes, and provide themselves with financial protection. When creating a prenup, it is important to understand how matters related to spousal maintenance (also known as alimony or spousal support) may be addressed.

Modifying or Waiving the Right to Spousal Support in a Prenup

Under Illinois law, a person may have the right to receive financial support from their former spouse if there is a significant disparity between the parties’ incomes. During a divorce, a spouse may ask that spousal maintenance be awarded, and the judge in their case may consider multiple factors to determine whether this type of support would be appropriate. If maintenance is granted, statutory formulas will be used to calculate the amount that will be paid and the duration that these payments will last.

In a prenuptial agreement, a couple may decide ahead of time whether spousal support will be paid, eliminating the need to ask a judge to settle this issue at the time of divorce. A prenup may state that both spouses will waive the right to receive maintenance, or it may specify that one party will receive a certain amount of spousal support for a certain duration. Conditions may be placed on whether maintenance will be paid. For example, the prenuptial agreement may eliminate the right to support if a spouse commits infidelity or only require maintenance if a spouse earns a certain amount of money.

Typically, spousal support terms in a prenuptial agreement will be followed if the couple gets divorced. However, there may be some situations where these terms may not be enforceable because they would cause undue hardship for one party. If the modification or elimination of spousal support would cause financial hardship for one party that could not have been reasonably foreseen at the time the agreement was made, these terms may be set aside, and any spousal maintenance that is needed to ensure that a spouse can avoid financial hardship may be awarded.

Contact Our DuPage County Prenup Lawyers

At Calabrese Associates, P.C., we can help you address any issues related to prenuptial agreements and spousal support. If you are planning to get married, we can help you negotiate and draft an agreement that specifies whether spousal maintenance will be paid in the case of divorce. If you are getting divorced, and you have a prenup, we can review the terms of your agreement and make sure you understand how they apply in your case. To get legal help with these or other family law issues, contact our Naperville prenuptial agreement attorneys at 630-393-3111.

Sources:

https://www.ilga.gov/legislation/ILCS/ilcs3.asp?ActID=2087&ChapterID=59