Spousal support

Can You Waive Spousal Support in a California Prenup?

California allows premarital agreements to address spousal support, but support provisions have their own enforceability rules and deserve especially careful drafting.

California prenups can address spousal support

A premarital agreement may include terms concerning spousal support, including waivers, limits, formulas, duration provisions, or other negotiated structures, subject to California law.

Independent counsel matters

Under Family Code § 1612(c), a spousal-support provision is not enforceable against a party who was not represented by independent counsel at the time the agreement containing the provision was signed.

The court can still examine unconscionability later

Even when both parties had lawyers, § 1612(c) provides that a spousal-support provision is unenforceable if it is unconscionable at the time enforcement is sought. That makes support provisions different from a simple property-characterization clause.

A complete waiver is not the only option

Some couples prefer a negotiated cap, formula, floor, duration limit, review trigger, or other structure rather than an absolute waiver. The appropriate approach depends on income, career plans, anticipated children, length-of-marriage concerns, and the parties’ overall financial arrangement.

Support terms should fit the whole agreement

Spousal support should be considered together with property rights, separate-property provisions, business interests, estate planning, and the economic expectations of the marriage.

California legal starting point: California Family Code §§ 1600–1617. Premarital-agreement enforceability can depend on the particular provision, disclosure, voluntariness, timing, counsel, and the circumstances of execution.

Frequently asked questions

Can we both waive spousal support?

California law permits prenups to address support, but enforceability depends on the statutory requirements and the circumstances when enforcement is sought.

Does having separate lawyers guarantee enforcement?

No. Independent counsel is important, but § 1612(c) also preserves unconscionability review at enforcement.

Can a prenup set a formula instead of a waiver?

Potentially. California counsel can draft a provision that reflects the parties’ negotiated goals while accounting for applicable law.

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General educational information only. PrenupSpot is not a law firm, and this page is not legal advice. California law changes, and the application of law depends on individual facts. Consult qualified California counsel about your agreement.