Post Nuptial Agreement


#1

I have been researching Post Nuptial Agreements but I am confused about the waiver of alimony provision.

Some websites give conflicting information about waiving alimony in a pre-nup due to law changes.

Can anyone clarify how alimony provisions should be handled in a post-nup agreement?

Thank you.


#2

Our statute does not specifically state whether it is permissible to enter into a postnuptial contract regarding spousal support. Case law in our state suggests that postnuptial contracts addressing support are not enforceable; unless/until the general assembly or supreme court acts otherwise, I would work under the assumption that any postnuptial contract including alimony is not enforceable.