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Can Alimony Be Waived in a Prenuptial Agreement?

Following the end of a marriage, the spouse who has greater financial means may be ordered to pay support (alimony) to their former partner. In Illinois, alimony is most often awarded when there is a large gap in the future economic prospects of each party and the marriage lasted for a significant amount of time.

You may be wondering: Can I sign a premarital agreement that waives alimony? The short answer is ‘yes’ — however, there are strict requirements that must be met. In this article, our Naperville and Bolingbrook alimony lawyers explain the most important things you need to know about spousal support and prenuptial agreements in Illinois.

Illinois Law: Premarital Agreements Must Meet Certain Standards

Similar to many other states, Illinois has adopted the Uniform Premarital Agreement Act. This model legislation governs when Illinois courts will (and will not) enforce the provisions of a prenuptial agreement. If a prenuptial agreement does not conform to certain standards, the agreement may be deemed unenforceable.

In some cases, Illinois courts will invalidate a specific clause or a specific section of a prenup. In other cases, the entire premarital contract may be thrown out and deemed invalid. Before signing a prenuptial agreement, it is crucial you consult with an experienced family lawyer. An attorney will ensure your agreement is drafted properly.

Alimony Rights Can Be Waived — But the Precise Language Matters

There are limits to what you can do in a prenuptial agreement. For example, Illinois does not allow parents to address child support obligations in a premarital contract. If your prenup includes a provision waiving child support, that provision is not enforceable in Illinois. Likewise, you cannot make child custody or child visitation arrangements within a premarital agreement.

However, Illinois does allow couples to waive their right (and responsibility) to spousal maintenance. Parties have considerable discretion over alimony rights. You may be able to waive alimony altogether, limit the amount or duration of payments, or put certain, basic conditions on support. A professionally drafted prenup negotiated in good faith can be upheld.

Still, it is important to note that the precise language of the prenuptial agreement always matters. Illinois courts will not enforce a provision within a prenuptial agreement that is deemed to create an “undue hardship” for one of the parties. If you are considering including a spousal support waiver within a prenuptial agreement, it is crucial you and your spouse consult with your own family lawyers.

Frequently Asked Questions About Prenuptial Agreements And Alimony In Illinois

What is a prenuptial agreement? 

A prenuptial agreement, or prenup, is a legal contract entered into by a couple before marriage. It outlines how assets and debts will be divided in the event of a divorce and can address other financial matters, such as alimony.

Can a prenuptial agreement address alimony in Illinois? 

Yes, a prenuptial agreement can address alimony (also known as spousal maintenance or support) in Illinois. The agreement can specify whether alimony will be paid, the amount, duration, and conditions under which it may be modified or terminated.

Are prenuptial agreements enforceable in Illinois? 

Yes, prenuptial agreements are enforceable in Illinois as long as they meet certain legal requirements. Both parties must voluntarily sign the agreement, and it must not be unconscionable or severely unfair.

What factors are considered when determining alimony in Illinois? 

When determining alimony, the court considers factors such as the income and property of each party, the needs of each party, the earning capacity of each party, the duration of the marriage, the standard of living established during the marriage, and any valid agreements between the parties, such as a prenuptial agreement.

Can a prenuptial agreement waive alimony entirely? 

While a prenuptial agreement can include provisions regarding alimony, it cannot completely waive a spouse’s right to seek spousal maintenance if doing so would cause undue hardship due to unforeseen circumstances. The court will assess whether the agreed-upon amount is fair and reasonable based on each party’s financial circumstances at the time of divorce.

What should be included in a prenuptial agreement? 

A prenuptial agreement can include clauses on the division of property, debt responsibility, alimony, and any other financial matters the couple wishes to address. It’s important to have the agreement drafted by an experienced family law attorney to ensure it is legally sound and enforceable.

Can a prenuptial agreement be modified after marriage? 

Yes, a prenuptial agreement can be modified after marriage if both parties agree to the changes and the modifications are documented in writing. It’s important to consult with a legal professional to ensure the modifications are legally binding.

What happens if a prenuptial agreement is challenged in court? 

If a prenuptial agreement is challenged in court, the judge will review the agreement to ensure it meets legal requirements and is fair and reasonable. If the agreement is found to be unconscionable or severely unfair, the court may refuse to enforce it.

Are there any resources available for creating a prenuptial agreement in Illinois? 

Yes, couples can seek guidance from family law attorneys, mediation services, and legal aid organizations to help draft a prenuptial agreement that meets their needs and complies with Illinois law.

What are the benefits of having a prenuptial agreement? 

A prenuptial agreement can provide clarity and peace of mind by outlining how assets and debts will be handled in the event of a divorce. It can also help manage expectations and reduce conflicts by addressing financial matters upfront.

Contact Our Naperville Pre-Nuptial Agreement Attorneys for Help with Your Case

At Keller Legal Services, our Naperville alimony lawyers are skilled, solutions-derived advocates for clients. We will protect your family law rights and financial interest. If you have questions or concerns about alimony and prenuptial agreements, we can help. For a no-cost, no-commitment consultation, please contact our legal team at 630-505-1515 right away. From our law offices in Naperville and Bolingbrook, our family lawyers serve communities throughout all of Illinois.

(Updated 2/5/2025)