TITLE

Premarital Waiver of Alimony

AUTHOR(S)
Wolfson, Susan
PUB. DATE
March 2004
SOURCE
Family Law Quarterly;Spring2004, Vol. 38 Issue 1, p141
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Over the past few decades, it has become increasingly common for parties contemplating marriage to enter into premarital agreements, also known as prenuptial or antenuptial agreements. These agreements allow a prospective husband and wife to define their rights in property, whether then existing or after-acquired, and support obligations. Although these agreements have been around since the sixteenth century, their validity has always been somewhat uncertain because they attempt to allow the parties to change the incidents of legal marital property rules. Absent such agreements, the parties' property rights would arise upon marriage by operation of law and be determined in accordance with statutory or common-law rules. Although states were willing to allow parties to make antenuptial agreements that dealt with the disposition of property on death, as late as the 1970s, courts found that premarital agreements that waived alimony upon divorce were invalid. Today, there exists a debate on the current basis and scope of alimony. Some courts see need and work skills as the key issues. Others see alimony as rehabilitative, such as where one spouse has not had the opportunity to pursue a fruitful career or education because she or he has been tending to familial obligations.
ACCESSION #
14260387

 

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