Legal Question in Family Law in California

My wife and I have been married for less than two years. Unfortunately, she suffers from clinical anxiety and depression. The way in which she allows her violently troubled past to dictate her emotions towards me has made marriage to her untenable. Recognizing her potential for instability prior to our marriage, she agreed to sign a prenuptial agreement and associated forms (all following state requirements) within two months prior to our marriage. The prenup outlined a generous spousal support if the marriage lasted longer than five years, but indicated there would be no mandatory support after a marriage lasting less than five years. The prenup was also written to protect my pre-existing financial and physical properties, which in retirement are substantial. She has not worked since our marriage, relying as a housewife upon my retirement investments, but in her 40's she is still capable. She has no other assets, physical or financial, having gone through her own bankruptcy prior to our marriage. What concerns should I have about the enforceability of our prenup should I now choose to file for divorce? Thank you for your assistance.


Asked on 1/13/14, 12:58 am

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

A careful review of the prenuptial agreement would assist in determining whether or not spousal support will be a important feature in your divorce action. Keep in mind the duration of spousal support is predicated upon the length of the marriage. You have an exceptionally short marriage. Please meet with an experienced family law attorney to explore your legal options.

Read more
Answered on 1/13/14, 7:11 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California