CALIFORNIA FAMILY LAW
...Premarital and Postnuptial Agreements
......Agreements Not Enforced
.........Agrmts Limiting Support
 10 Cards On This Topic:
  • Effective 1/1/2002, right to waive spousal support in premarital agreements substantially limited.
  • Premarital agreement cannot adversely affect right to child support.
  • Spouses cannot, by a contract with each other, alter their legal relations, except as to property.
  • Limiting spousal support in antenuptial agreements: Upheld by S.Ct., limited by Legislature.
  • Provisions providing for a minimum period of support not void.
  • Provision for lump sum payment in lieu of support void.
  • Until it has been adjudicated that a PMA satisfies all of FC §1615(c)'s requirements, temporary s/s properly awarded even where waived in the PMA
  • A pre-2002 premarital spousal support agreement may be found unenforceable as against public policy solely because it is unconscionable at the time of enforcement.
  • Though s/s waivers entered into in 1994 not per se illegal, where parties’ circumstances were “greatly disparate” when signed and where enforcement would be presently unconscionable, waiver was unconscionable and unenforceable.
  • The validity of a spousal support waiver depends on when it was executed; waiver executed before the enactment of the UPAA was void as against public policy.


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