If I would like to avoid future spousal support on a pre-nup, would a one time lump-sum payment upon separation legally be considered fair?

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If I would like to avoid future spousal support on a pre-nup, would a one time lump-sum payment upon separation legally be considered fair?

I am 28 and going to be getting married (2nd marriage) to my fiancé also 28 (also her 2nd marriage). She has 2 children from previous marriage and we share 1 child. I make $105k annual salary, she left workforce (we both decided this was the best/most cost effective solution when accounting for daycare costs if she were to continue working) and a $45k annual salaried job to care for our children. We have no community property to speak of (we rent our home, cars are separate). I want to avoid spousal support payments but I understand that her completely waiving it may invalidate the pre-nup.

Asked on March 22, 2012 under Family Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

California law permits such a provision to limit or give up alimony upon divorce in a prenup. However, for such a provision to be effective both parties must have independent legal representation to make sure that they are willingly giving up the right and the provision is not unconscionable.


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