Can I waive my right to alimony in a prenup?

Prenuptial agreements are becoming increasingly commonplace in modern society. With more and more people opting to marry later in life and coming to the table with substantial incomes and assets, prenuptials are seen as an additional protection to a person’s financial future. As with any type of contract, prenuptials require a certain level of skill and knowledge to be drafted appropriately. There are certain elements to a prenuptial agreement that are optional, required and prohibited. A deviation of the necessary or prohibited elements may render the prenuptial invalid.

If you have been approached with a prenuptial agreement prior to your marriage, it is your right to have it looked over by your attorney. They can inspect the agreement for elements that are missing or otherwise unlawful to include. There are several things that cannot be included in a prenup, and in many states, a request to waive alimony is one of them. However, in Texas the law is different.

Here in Texas a prenuptial can include a specific provision that can set or waive alimony. So long as the provision and the rest of the prenup are legal, the agreement is valid and can be enforced by the courts. In other states, a waiver of alimony is one of the most commonly argued provisions in a prenuptial agreement. Some states prohibit them outright while others usually just omit that provision from the agreement’s enforceability.

For a prenuptial agreement to be valid and enforceable, parties should draft it with the help of a skilled attorney. With their help, desired provisions can be included, and the process can be made easier and more effective.

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