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Volume20
Year2012
TitleCalifornia Premarital Agreements Waiving or Specifying Spousal Support Obligations
Author(s)Michelle Butler
First Page41
AbstractUneasiness accompanies attempts to predict the enforceability of a California premarital waiver of spousal support in the event of divorce. In the early years of no-fault divorce, these attempts took place along the vague line dividing two California Supreme Court decisions, one of which seemed to say that premarital agreements waiving spousal support violated public policy requiring commitment to lifelong marriage, and the other of which seemed to say that premarital agreements dealing with spousal support would be enforced except to the extent the agreement?s terms explicitly promoted the dissolution of the marriage.
This article discusses the enforceability of a California premarital waiver of spousal support in the event of divorce.