My wife confessed after 6 painful months of lies to the adultry so did the Guy to both me and his wife. My question is can a post nuptual agreement protect me from having to pay alimony if 0ur already strained marriage was to end 1 year or 10 years or longer from now. I would like to attempt a fresh start but for the right reasons and it would kill me to have to pay alimony. I have no problems paying whatever the court orders in child support and fair division of assests… but not alimony
You cannot use a post-nup agreement to waive alimony in a future separation.
I guess i was hoping for something like you suggested in this previous post.
Re: My wife’s affair
by Erin Clarey » Thu Mar 18, 2010 2:18 pm
You cannot have a waiver of alimony in an antepuptual agreement, only a separation agreement (which contemplates the end of cohabitation). Would this give me the protection I am looking for and some confidence that her wanting a fresh start is not just for financial reasons. It would seem that provided she agree’s it would. I hate to be so mistrusting but well you know…I also dont want to burn a possible bridge to a fresh start. I hate even having to think about this.
A separation agreement waiving alimony is only effective if you cease cohabitating permanently.