Family
Feb. 5, 2013
Decision weakens enforceability of spousal support waivers
The enforceability of the spousal support limitations authorized by the California Premarital Agreement Act and incorporated into many prenuptial agreements has been called into question by a recent decision.
Marriage of Facter, 2013 DJDAR 570 (Cal. App. 1st Dist. Jan. 14, 2013), signals a development in the law that undermines the enforceability of the spousal support limitations and waivers that are authorized by the California Premarital Agreement Act and incorporated into many prenuptial agreements.
Prior to 2000, it was widely understood that contractual limitations or waivers of the right to receive spousal support upon the dissolution of a marriage were against public p...
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