Many couples planning to get married choose to sign a pre-marital agreement to avoid future disputes, concerns, obligations, etc., between themselves and their soon-to-be spouse. The natural inclination is to include as much as possible, thinking these documents are designed to cover every possible circumstance. The reality is that pre-marital agreements aren’t a catch-all document, and a perfect example is spousal maintenance.
In rare situations, one or both parties may wish to waive the right to spousal maintenance. But is that possible? Can a spouse—man or woman—waive their right to alimony? Would a husband even be able to ask that of their future bride?
The quick answer is yes. It is possible to waive the right to spousal maintenance in a pre-marital agreement.
That said, whether or not your pre-marital agreement and such a stipulation are enforceable depends on several factors.
What is a Spousal Support Waiver in a Texas Premarital Agreement
Spousal maintenance is regular payments from one spouse to another to help the recipient meet their minimum reasonable needs. It’s important to understand that spousal maintenance is not guaranteed. A person must request and qualify for it, and the court will look at various factors before making a final decision. More often than not, a spouse who qualifies for spousal maintenance would accept this money as part of their divorce settlement. But there are situations where someone might waive this right—including long before they decide to tie the knot.
A spousal support waiver in a Texas pre-marital agreement is a clause where one or both parties agree to give up their right to receive spousal maintenance should the couple later divorce. By including this waiver, a spouse essentially accepts that they will not ask for financial support from the other after the marriage ends—regardless of circumstances.
However, it must meet strict legal requirements to be enforceable.
Here is a general breakdown of the requirements that make a waiver of spousal maintenance enforceable in the state of Texas:
Voluntary Agreement
Both parties must sign the waiver voluntarily. If one party coerces the other to sign, the courts may consider the waiver invalid.
Full Disclosure of Financial Information
Each party must fully disclose their financial situation when the agreement is made. This includes assets, debts, and income. The waiver may not be enforced if one party hides or misrepresents financial details.
Fair and Reasonable
The waiver must be fair when signing. If the agreement is deemed unfair when signed or at the time of divorce, a court could refuse to enforce the spousal maintenance waiver.
No Future Hardship on Either Spouse
If waiving spousal maintenance would leave one spouse in severe financial hardship after the divorce (unable to meet basic living needs), the court may overrule the waiver and order support.
In Writing and Signed
The waiver must be included in the pre-marital agreement and signed by both parties. Verbal agreements or unrecorded intentions will not stand up in court.
This helps ensure both parties fully understand the consequences of waiving spousal maintenance.
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