Family,
Contracts
Aug. 14, 2023
Waiving spousal support in a premarital agreement
Last v. The Superior Court of Orange County offers little solace to a party attempting to enforce a spousal support waiver in a premarital agreement. A more effective alternative is tying the payment of the consideration to a waiver in the divorce action that is indisputably valid and enforceable.
Prior to their marriage, Peter and Debra Last entered into a premarital agreement that waived the right to receive spousal support if and when the parties divorced. In Last v. The Superior Court of Orange County _ DJAR _ (Aug. 2, 2023), the court held that Family Code section 1615(c) creates a presumption “that a premarital agreement is not executed voluntarily” unless the trial court makes five designated findings. Thus, notwithstanding t...
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