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Can I waive my alimony rights in a Florida prenuptial agreement?

On Behalf of | Aug 5, 2015 | Alimony

A disclaimer before answering: Neither spouse should waive any of their basic rights in a prenuptial agreement. Even though the hearts of prospective newlyweds are full of contentment and bliss, it is a dangerous practice to begin a marriage by disregarding one’s own rights. Giving up one’s rights could invite a lasting pattern of inequality and in most cases cause an unbalanced approach to starting a life together.

With that out of the way, the simple answer to your question is no. Alimony rights cannot be relinquished with a prenuptial agreement. In fact, in nearly all states, courts frown upon prenuptial agreements in which one spouse attempts to waive his or her alimony rights. Taking it one step further, prenuptial agreements cannot include any language that might represent a financial incentive encouraging divorce. A poorly prepared prenuptial agreement may make it seem beneficial for one spouse to seek divorce knowing he or she will not have to pay alimony.

In some rare cases, it might be possible to include an alimony waiver, but again, this is not in the best interests of a healthy relationship. If this issue cannot be put to rest between you and your partner, you should certainly speak with a divorce attorney before going forward with the marriage. An attorney serving Florida can help you and your partner find alternative solutions that might address your concerns while still protecting both of your rights.

Never forget that marriage is a partnership in which two parties love, respect and care for one another. In most cases, successful and permanent marriages rest upon this very simple yet effective foundation.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed Aug. 05, 2015


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