Alimony/Property Separation


#1

Me and my wife signed a prenuptial agreement prior to getting married which states neither will pay alimony, spousal support or maintenance. She is indicating that a judge will give her a disproportionate amount of the assets to make up for the alimony that she would be losing. is this the case and if so how disproportionate would it be?


#2

There are many factors that a judge will consider at an ED hearing; see our article on Equitable Distribution. That being said, if you have a valid prenup with an alimony waiver, your spouse should not be able to take more in ED to make up for the alimony waiver. A prenup is a contract, and so long as she signed willfully and after having had full disclosure of assets and liabilities, a judge would most likely determine that the alimony waiver should have no impact on your ED case. Of course, every case is different and I can’t say with certainty how a judge would rule, but I would argue that the alimony waiver has no impact on your ED case.