A prenuptial agreement, colloquially known as a prenup, is a legal contract that couples can enter into before getting married. The agreement outlines how the couple’s assets will be divided in the event of a divorce or separation. Having a prenuptial in place can reduce conflicts during a future divorce while protecting each party’s personal assets and their family’s assets (like inherited wealth).
Many people believe prenuptial agreements are only necessary in high-asset relationships, but they can be useful for many couples. In New Jersey, prenuptial agreements can address many issues related to divorce, including alimony. If you’re thinking about getting married, it’s probably crossed your mind to consider how a future divorce would shake out – planning for this possibility really is the smart thing to do, and it doesn’t need to take away from the happiness of your engagement. If you’re wondering how to avoid alimony in the future, you may want to know whether a prenuptial can help. Here’s what you can and can’t accomplish with a prenup.
Using A Prenup to Avoid Alimony – Can It Be Done?
When creating a prenuptial agreement, it’s important to do things by the books. This will ensure that your agreement holds up in court if you ever get divorced. When you work with a lawyer who creates prenups in accordance with state laws, you can also be more sure that the conditions you lay out will be accepted by a divorce judge if you eventually find yourself in court.
However, it is important to note that prenuptial agreements cannot completely prevent a court from awarding alimony in New Jersey. The court has the authority to review and modify any provision related to alimony in a prenuptial agreement if it determines that the provision is unfair, unreasonable, or contrary to public policy. The court will consider various factors, including the parties’ financial circumstances at the time of the divorce and the duration of the marriage.
While a prenuptial agreement can provide some protection against alimony obligations, it is not a guarantee. If you are considering a prenuptial agreement in New Jersey, it is important to consult with an experienced family law attorney to understand your legal options and the potential limitations of a prenuptial agreement in your specific situation.
Spousal Support Attorneys and Divorce Lawyers For Men
Spousal support is meant to ensure that both spouses have the financial means to get back on their feet after a divorce. It isn’t always necessary for a husband to pay his wife spousal support during and after their divorce, but statistically men are still more likely to pay alimony. You may be able to plan ahead to reduce your likelihood of being ordered to pay alimony by drafting a prenuptial agreement, but you’ll need to work with an experienced attorney to make sure the prenup is valid.
The Micklin Law Group is here to help men and fathers in New Jersey. We protect alimony rights for men by ensuring divorcing men aren’t forced to pay spousal support that they cannot afford or that is unreasonable given the facts of the marriage. Our decades of experience helps us understand the alimony laws in New Jersey and how they may affect each of our clients. To learn more about alimony and prenuptial agreements, contact our attorneys.
