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A legitimate prenuptial agreement could keep you from paying or receiving alimony after divorce. However, a judge may still order spousal maintenance if they decide your prenuptial agreement is invalid.
Your prenup may not be enforceable in court if any of the following are true:
Click to learn more about how to determine the enforceability of marital agreements.
It is also important to note that you may sign a prenuptial agreement in which you or your spouse agree to waive their rights to spousal support in the event of divorce, but this will not bar a judge form ordering alimony. If the court considers your prenuptial contract to be lawful, it may choose to enforce the agreed-upon terms. However, if a judge perceives that applying those terms would put you or your spouse in an unfairly difficult position, they hold the power to override your prenuptial agreement and order either of you to pay alimony.
Whether you are seeking to carry out or override the terms of your prenuptial agreement, our divorce attorneys at Peter L. Cedeño Associates, P.C. may be able to help. We serve couples and families in New York City who face a variety of challenges and conflicts during divorce, including scuffles over alimony and the validity of prenuptial agreements. Our legal team serves divorcing couples in Manhattan, Queens, Brooklyn, Staten Island, and the Bronx.
Call (212) 235-1382 today or send us an email to request a consultation with a divorce lawyer in New York City.
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