What is the current state of the law on a pre-marital agreement with respect to spousal support?

California, United States of America


The following excerpt is from Marriage of Pendleton, In re, 62 Cal.App.4th 751, 72 Cal.Rptr.2d 840 (Cal. App. 1998):

We do not suggest that everybody needs a premarital agreement, or that everybody who does have a premarital agreement needs to address the issue of support, only that those who choose to resolve their financial responsibilities before marriage ought to be able to do so, and to do so completely. For those who defer to the state, their rights and obligations will be determined by the courts if and when the marriage fails. For those who choose to control their own destiny to the extent permitted by law, there no longer exists any reason to per se prohibit spousal support waivers or limitations. (See Gant v. Gant, supra, 329 S.E.2d at p. 113 [the legal system must continue to encourage marriage even if that means approving prenuptial agreements with spousal support waivers that are not to judges' personal liking]; Parniawski v. Parniawski (Conn.Super.1976) 33 Conn.Supp. 44, 359 A.2d 719, 721.)

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