In Orange County, a spouse can waive spousal support in the event of divorce before the parties are even married—see California Family Code Section 1612 below. As long as all of the formalities are met, spousal support can be waived. If the spouse was represented by an Orange County family law lawyer for the prenuptial agreement, then the court will look to whether spousal support is enforceable at the time of the divorce. At that time, the family law court will determine whether the waiver of spousal support is unconscionable as applied in the particular circumstance. For instance, if the supported spouse becomes ill and cannot support herself, the attorney will request that the court modify the prenuptial agreement and set an award for spousal support. The Uniform Premarital Agreement Act (UPAA) which was adopted in California supports a modification of a prenuptial agreement. If at the time of enforcement the agreement is unconscionable the waiver of spousal support will be rejected allowing the supported spouse maintain the marital standard of living.
California Family Code Section 1612 allows spouses to waive spousal support in a marriage. Subsection c states:
Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. An otherwise unenforceable provision in a premarital agreement regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as a premarital agreement child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Please note that the posting of this family law blog is informational only. Specific circumstances and laws may determine the outcome of your particular situation and it is important to contact an attorney to analyze your situation.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.
3/2011
