Can a Massachusetts Prenuptial Agreement Include Alimony Waivers?

When you decide to get married, you might also decide to be smart about your finances. While no one gets married with the expectation of getting divorced, it is often a wise idea to set out your financial obligations in writing before saying “I do.” A prenup can address many financial issues – including alimony.

Generally, Massachusetts courts will uphold a prenup that includes an alimony waiver as long as the agreement is reasonable and fair to both parties when signed and when enforced. If upholding an alimony waiver means that one spouse won’t have enough money to support themselves, then a court may not enforce it. A Quincy prenuptial agreement lawyer can help you draft a contract that complies with Massachusetts law and protects your financial interests.

At Infinity Law Group, we work with clients in the Quincy area as they deal with a range of family law matters, including both drafting and enforcing prenuptial agreements. We offer smart, strategic legal advice that is designed to help you achieve your goals. Reach out to our law offices today to schedule a free consultation with a Massachusetts prenup lawyer. 

Can My Spouse and I Agree to Waive Alimony in a Prenup?

Before walking down the aisle, some couples choose to sign a prenuptial agreement – commonly referred to as a prenup. This agreement is a contract that lays out each party’s property rights and obligations in the event of divorce or death. A prenup can cover a variety of topics – including alimony.

In Massachusetts, it is possible for a spouse to seek alimony – or spousal support – in a divorce. Alimony is a type of financial support that is paid by one spouse to another as part of a divorce. A court may order alimony if one spouse is in need of the support – and the other spouse is able to pay the alimony.

Some engaged couples want to address alimony and other issues related to property and finances before they get married. They might wonder whether it is permissible under Massachusetts law for one or both spouses to waive alimony in a prenup.

In short, the answer is yes. A prenuptial agreement can legally address issues related to finances and assets, including the division of property, how property is characterized, and the payment of alimony or spousal support. However, to be upheld, the prenup must be reasonable and fair to both parties first when it is signed and later when it is enforced. It also cannot contain any illegal provisions, such as a waiver of child support or “lifestyle clauses.”

Generally, if both spouses agree in an otherwise valid prenuptial agreement that neither spouse will seek or receive alimony, the agreement will likely be upheld by the court. However, if depriving one spouse of alimony will leave one spouse unable to support themselves, the agreement may not be enforceable. Similarly, if the agreement contains a lifestyle clause that waives alimony in certain situations – such as if a spouse gains weight or cheats – it probably won’t be enforceable.

So how do you know if a prenuptial agreement will be upheld by a court? It all comes down to fairness. First, a court will look at certain factors to decide if the prenup was reasonable and fair when it was signed, including: 

• Whether both parties signed the prenuptial agreement voluntarily, without coercion or  threats;
• Whether each party had the opportunity to review the agreement, consult with an attorney, and/or negotiate conditions before signing;
• Whether one or both parties had legal representation;
• Whether both parties completely and truthfully disclosed all assets and liabilities to each other.

For example, if one spouse did not fully disclose all of their assets and liabilities in a schedule of property, then a judge might determine that it wasn’t fair and reasonable when it was signed.

Even if the prenup was fair and reasonable when signed, a court will take what is known as a “second look” at the agreement to make sure that it would be fair and reasonable when enforced. If upholding the prenuptial agreement would mean that one spouse wouldn’t be able to support themselves, then it would be invalidated.

For example, consider a situation where both spouses agreed to waive alimony in a prenuptial agreement. One spouse quits their job to raise their kids while the other has a very successful and demanding career. The stay-at-home spouse is diagnosed with a significant medical condition that makes them unable to work outside of the home. 

In this situation, a court would not likely uphold the alimony waiver in the divorce because it would mean that one spouse wouldn’t be able to support themself – which means it wouldn’t be reasonable and fair as enforced. Even if both spouses were on fairly equal footing when the marriage started, circumstances changed – making the prenup unenforceable. 

While you can’t always predict where life will take you, the best way to increase the likelihood that your prenuptial agreement will be enforceable is by working with a Quincy prenup lawyer. A skilled attorney will ensure that your agreement complies with Massachusetts law when it is written and signed. Although they can’t control life’s ups and downs, they can advise you as to the enforceability of the agreement should you decide to get divorced.

Get Help from a Quincy Prenup Attorney

A prenuptial agreement is one of the best ways to protect your financial well-being in the event of a divorce. However, it is important that your prenup be carefully drafted to increase the odds that it will be enforced. While you can include an alimony waiver in a prenup, the contract must still be fair and reasonable both at the time of signing and when it is enforced.

Infinity Law Group represents clients in Boston, Needham, and Quincy, Massachusetts in family law matters, including divorce, alimony, and child support and custody. We also help our clients draft customized prenuptial and antenuptial agreements that comply with Massachusetts law. To learn more or to schedule a free consultation with a seasoned Quincy prenuptial agreement attorney, call us at 617-250-8236 or fill out our online contact form.