Discussion » Questions » Legal » Can a prenuptial contract state that in case of a divorce there'll be no obligation whatever on one party to financially support the other?
Benedict Arnold

Can a prenuptial contract state that in case of a divorce there'll be no obligation whatever on one party to financially support the other?

This would be irrespective of the financial status of either partner at the time of the divorce. 
Would such a contract be legally valid? 

Posted - October 28, 2017
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Responses


  • 53504


      I have no personal experience with them or direct knowledge of them, but I believe that almost any such stipulation as you offered can be written into a contract. If all of the parties agree to it, that makes it legal, BUT, I have also heard that in the U.S. state of California, when trying to apply those very stipulations to initiate divorce proceedings, they can be challenged and overruled. If that's true, it really defeats the purpose of the pre-nup altogether.

    ~
      October 28, 2017 6:30 AM MDT
    3

  • 17592
    The short answer is that people can contract for whatever they wish unless it's illegal.  I believe a clause such as that in a contract would likely be unenforceable though.  Circumstances can be very different after years of marriage than they were prior to.  A homemaker who became disabled during the marriage and never fulfilled career dreams is not going to be left by the court as an indigent divorcee while her spouse leaves the marriage with a fortune.  Divorce is different in the states, some are marital property states and others community property states. In both instances wealth accumulated during the marriage belongs to both spouses.    It is always easier to answer a question like this knowing some details. This post was edited by Thriftymaid at October 29, 2017 10:16 AM MDT
      October 29, 2017 1:48 AM MDT
    2