Can postseparation support, alimony, and attorney’s fees be waived?

A valid separation agreement, in which an express provision waives postseparation support, alimony and attorney’s fees related thereto, may be pled in bar of an action for postseparation support, permanent alimony, and fees so long as the agreement is performed.

However, if a provision of a premarital agreement modifies or eliminates spousal support and that modification or termination causes one party to the agreement to be eligible for public assistance at the time of separation or dissolution of the marriage, then the court may require the other party to provide spousal support to the extent required to avoid the spouse’s eligibility for a public assistance program.

Before ordering such support in contradiction of a provision in a premarital agreement, the court must find dependency and the other factors required by the postseparation or alimony provisions.


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