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Under California law, spousal support can be waived by a person prior to the marriage in a prenuptial agreement. However, there are specific requirements that must be met in order for an individual to waive or provide provisions to their right to alimony.
Hear this out loud PauseThere are three basic requirements for a valid postnuptial agreement. First, the agreement must be in writing. Both spouses must have their own attorney guiding them. Finally, the agreement should be notarized.
Hear this out loud PauseLegal Basis For Postnuptial Agreements In California Postnuptial agreements are governed by the California Family Code Sections 1500-1502. These laws define the rules for the division of community property and separate property during a divorce.
Hear this out loud PauseSpouses cannot waive or limit their respective rights to ask for spousal support. The right of a child to support may not be adversely affected by the Post-Marital Agreement. Spouses cannot contract to terms which are in violation of public policy or a statute imposing a criminal penalty.
Hear this out loud PauseCalifornia law recognizes prenuptial and postnuptial agreements in California as valid and enforceable when certain legal requirements are met.