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The essential purpose of a prenuptial agreement is so that you may ensure your financial protection in the unfortunate event of a divorce. With this, you may assume that certain clauses pertain to the spousal support payments, otherwise known as alimony, you would be entitled to receive or obligated to pay in the months or even years following the dissolution of your marriage. However, before signing this document, you must confirm that its clauses are valid and ultimately hold up in a New Jersey family court. Follow along to find out whether you can establish alimony terms in your prenuptial agreement and how a proficient Bergen County alimony attorney at McNerney & McAuliffe can help you navigate this document.

Am I allowed to establish alimony terms in a prenuptial agreement?

The state of New Jersey acknowledges the Uniform Premarital Agreement Act. Essentially, this act states that parties entering a prenuptial agreement may agree on the establishment, modification, waiver, or elimination of spousal support. This means that you may not only have the capacity to establish alimony terms in this document before your marriage but that you may also amend or terminate these terms at any point during your marriage. Concerning establishing alimony terms, this is something you and your spouse should consider especially in the following circumstances:

  • You or your spouse is part of a family business before your marriage.
  • You are bringing significantly more assets into the marriage than your spouse, or vice versa.
  • You or your spouse intends to exclusively work inside the home once you start having children.
  • You and/or your spouse have children from a previous marriage to which you desire to leave your property.

In turn, modifications, waivers, or eliminations may prove necessary as you and your spouse undergo the inevitable changes that life throws your way. More specific examples of such significant life changes you may encounter read as follows:

  • You and your spouse start a business together during your marriage.
  • You and your spouse welcome children into your family unit during your marriage.
  • You or your spouse come into significant inheritances or other earnings during your marriage.
  • You or your spouse decide to stop or reduce their work outside of the household during your marriage.

What else can I establish in a prenuptial agreement?

Aside from alimony, you may establish the following clauses within your prenuptial agreement:

  • Your rights to certain assets in the unfortunate event of your spouse’s passing.
  • Your protection from your spouse’s debts that they are bringing into the marriage.
  • Your preferences with how to settle future disagreements (i.e., mediation, arbitration, etc).
  • Your expectations for your spouse’s contributions to savings accounts, management of bills, etc.

The best way to ensure your post-divorce financial protection is to retain the services of one of the talented Bergen County prenuptial agreement attorneys. So please contact McNerney & McAuliffe today.

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