Should I Sign a Prenuptial Agreement with an Alimony Waiver?

 Posted on October 07, 2024 in Prenuptial Agreements

Prenuptial agreements are becoming much more common across the United States. A significant percentage (19 percent) of prenuptial agreements are prepared in New York, followed closely by California and Florida. In most cases, one partner in the relationship is the driving force behind the prenuptial agreement. The reasons for seeking a prenuptial agreement range from protecting business interests to providing for children from a previous marriage.

If your fiancé asks you to waive spousal support in a prenuptial agreement, should you agree? Of course, there are many factors to consider in an important decision like this, and the decision should not be taken lightly. It can be beneficial to speak to an experienced Naperville, IL family law attorney from Calabrese Associates, P.C. who can help you decide whether signing a prenuptial with an alimony waiver is in your best interests.

What Are the Legal Requirements for an Illinois Prenuptial Agreement?

The Uniform Premarital Agreement Act (UPAA) in Illinois governs how courts determine whether a prenuptial agreement is created and enforced. A prenuptial agreement is usually enforceable if they meet the following criteria:

• The prenuptial agreement is in writing.

•  Both parties voluntarily signed the prenuptial agreement with no coercion or duress.

• There are no terms outlined in the agreement that could be considered extremely unjust or unfair.

• Adhering to the agreement will not result in one spouse requiring public assistance.

• Both parties have fully disclosed all assets and debts prior to signing the agreement.

What Are the Most Common Types of Clauses Written into Prenuptial Agreements?

While prenuptial agreements can include a wide variety of clauses, the most common clauses relate to:

• The division of property

•  Spousal support or alimony 

• Allocation of debt between the spouses

• Inheritance rights, including whether the respective estates will be left to children from prior relationships or to each other

• Business ownership, perhaps with provisions for valuation, ownership interest, and the division of business assets

Should You Sign a Prenuptial Agreement with an Alimony Waiver?

It is important to note that Section 7(b) of the Illinois Uniform Premarital Agreement Act stipulates that even in the presence of an alimony waiver, if that waiver causes significant hardship to one party in the future, the court may reverse the waiver. The goal of alimony is to provide financial support to the lower-earning ex-spouse. This is often the spouse who stays at home to care for the children or supports the wealthier spouse’s career.

If the alimony waiver is challenged, the court may consider the couple’s circumstances at the time of the divorce rather than when the prenuptial agreement was signed. There may have been significant life changes in the interim, such as a disability or illness that could invalidate a waiver. If you are a lower-earning spouse and are asked to sign an alimony waiver, you should think long and hard – and speak to a knowledgeable attorney – before signing.

You could potentially end up three decades from now, having been a stay-at-home mom and wife for the entire marriage, with few job skills to support yourself and no spousal support to help you get back on your feet. Discuss your concerns thoroughly with your partner, as a one-sided waiver can damage a relationship when one spouse secretly believes it is unfair.

Contact a DuPage County, IL Premarital Agreement Lawyer

It is easy to be talked into decisions when you are in love. You believe your marriage will last forever, and your spouse will always take care of you financially. Unfortunately, this is not always the reality. Speak to an experienced Naperville, IL premarital agreement attorney before making a decision with such far-reaching ramifications. Attorney Michael J. Calabrese is a former chair of the DuPage County Bar Association Family Law Committee and lectures frequently on family law issues.  Contact Calabrese Associates, P.C. at 630-393-3111 to schedule a consultation.