Can You Waive Spousal Support in a California Prenup?

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.

Frequently asked questions

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