Legal Question in Family Law in California

If I get married to my boyfriend and have a prenup written, can I refuse alimony in the prenup? I heard the CA laws will not support the alimony agreement made in the prenup. Is that true?

Asked on 8/02/11, 3:23 pm

2 Answers from Attorneys


You can refuse alimony in a pre-nuptial, but you will need to have your own attorney go over the prenuptial agreement and sign off on it after he/she makes sure that you have read and understand the provisions and the ramifications of the agreement.


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Answered on 8/02/11, 4:20 pm
Anthony Roach Law Office of Anthony A. Roach

The California Supreme Court has affirmed that a premarital agreement cannot waive the mutual duty of support owed between spouses while married and living together. A premarital agreement, however, may waive post dissolution spousal support. (In re Marriage of Pendleton & Fireman (2000) 24 Cal.4th 39, 53-54.)

This answer, of course, assumes that you properly follow the steps that are required to make a valid prenuptial agreement.

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Answered on 8/03/11, 1:02 pm

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