Kathy D. Sheive Attorney at Law

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A lawyer's perspective on waiving alimony in a prenup

Prenuptial agreements are valuable when it comes to protecting one's personal assets in a marriage. Couples can use this tool to identify and address financial matters that often complicate a divorce if your marriage ends. You can include items in a prenup such as:

  • Identifying separate property and marital property
  • Detailing how your marital property will be distributed
  • Defining each spouse's marital responsibilities
  • Stipulating that inheritances or family heirlooms remain with your family

When assisting couples with premarital agreements, we hear one question repeatedly: Can we waive our rights to alimony in a prenup? In Florida, the general answer to this question is yes as defined in Chapter 61, Section 79 of the state's Civil Practice and Procedure statutes.

As family law attorneys, we caution all of our clients not to add alimony waivers to a prenuptial agreement. In fact, we do not believe anyone should give up his or her rights in any kind of marital agreement. We take this viewpoint because we have seen that even the most blissful marriages can deteriorate over time.

You cannot see the future, which means you do not know what your future needs will be. Giving up your basic rights – including alimony – could land you in dire financial straits if you and your spouse ever get divorced. Perhaps more importantly, relinquishing one or both spouse's rights at the outset of marriage may set a tone of imbalance throughout your relationship.

In the end, alimony exists in our current environment largely to help you prepare for life on your own. The law gives you the right to seek alimony and it is a right no one should throw away. Please see our blog and our website for more information about spousal support in Florida.

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