CALIFORNIA FAMILY LAW
...Premarital and Postnuptial Agreements
......Agreements Enforced
.........Spousal Support Waivers
4 Cards On This Topic:
  • Spousal support waivers and limitations contained in written premarital agreements are not contrary to public policy and are not per se unenforceable.
  • Waivers of spousal support in pre-2002 premarital agreements are enforceable, even if subsequent circumstances render them unconscionable. [Dictum.]
  • The validity of a spousal support waiver depends on when it was executed; waivers executed after the enactment of the UPAA are presumptively valid (or at least not per se invalid).
  • Fam. Code §1612 (c) is not retroactive to PMA s/s waivers entered into before 1/1/2002.