Florida law allows prospective spouses to waive spousal support through a written premarital agreement. Both parties must sign the agreement. Florida law also sets requirements that affect whether a court will enforce an alimony waiver.
What can make an alimony waiver unenforceable?
A court may refuse to enforce a premarital agreement if the challenging spouse proves they did not sign freely. Fraud, duress, coercion or overreaching can also make the agreement unenforceable. Florida’s premarital agreement law also addresses agreements that were unconscionable when signed.
When this claim is raised, the challenging spouse must also show that one of these conditions applies:
- They did not receive fair and reasonable financial disclosure
- They did not freely waive the right to more disclosure in writing
- They did not have adequate knowledge of the other spouse’s property or debts
What happens if the waiver leaves a spouse needing public assistance?
Florida law provides an exception when a spousal support waiver would cause one party to qualify for public assistance. A court may order support from the other spouse if needed to keep the party from qualifying for public assistance. This can apply even when the agreement contains a complete waiver. The court’s authority extends only to what is needed to avoid public assistance status.
How should couples address alimony in a prenup?
A premarital agreement can state whether the parties waive support entirely or limit its amount or terms. Both parties should understand the financial terms before signing. Each spouse should review the other’s financial information. Independent legal counsel can help each spouse understand the agreement and reduce later disputes.
What prospective spouses should consider before waiving alimony
An alimony waiver can have significant financial consequences if the marriage ends. Consider how the waiver could affect your finances if your income, assets or expenses change. A Florida family law attorney can explain the agreement’s terms and help you evaluate whether the waiver fits your circumstances.