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?
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.