The Tabo Law Firm

Waiving Spousal Support in a Prenup? Here’s What You Need to Know

January 22, 2025

At The Tabo Law Firm, we understand that preparing for marriage is exciting, but it also comes with important legal considerations. One question many couples ask is whether they can waive spousal support in a premarital agreement or prenup. The answer is yes – but it’s not as simple as just saying so.


To make the waiver of spousal support enforceable, it needs to meet specific legal requirements. Courts are particularly sensitive when it comes to spousal support provisions, so careful attention must be paid to the language in the prenup. The waiver must be voluntary, and both parties must fully understand the implications of giving up spousal support. This means both parties should be advised by their own counsel about their rights, responsibilities, and what spousal support might look like in the future.


To ensure that the waiver is valid and enforceable, it’s crucial to work with an experienced attorney who can craft the agreement properly. That’s where we come in.


At The Tabo Law Firm, we specialize in creating prenups that protect both parties and provide peace of mind. Don’t risk an invalid waiver or future complications – contact us today to discuss your prenup and ensure everything is done right.


Call us at 916-866-8856 to schedule your consultation today!

More Criminal Defense & Family Law Posts:

Is a DUI a Felony in California? Legal Implications & Penalties

March 27, 2025
Driving under the influence (DUI) is a serious offense in California, carrying severe legal consequences that can impact an individual’s personal and professional life. Whether a DUI is classified as a misdemeanor or a felony depends on various factors, including the circumstances of the arrest, prior convictions, and whether the incident resulted in injury or death. If you or a loved one are dealing with a DUI charge in California, understanding the legal landscape is essential.

The Importance Of Enforceable Prenuptial Agreements in California

March 7, 2025
Entering into marriage is one of life’s most significant decisions, and having a well-prepared prenuptial agreement can offer a layer of security and clarity for both partners. However, it’s crucial to recognize that not all prenups are enforceable in California. Without meeting specific legal requirements, your agreement may be deemed invalid, potentially leading to complicated and costly legal battles in the event of a divorce.  In our latest video, we explore the essential elements that make a prenuptial agreement valid under California law—ranging from proper timing and full financial disclosure to the requirement that both parties have independent legal counsel. Understanding these requirements is not just about protecting your assets; it’s about ensuring your agreement reflects fairness and transparency, preventing potential challenges in court.

Why You Can’t Waive Child Support in a Prenup

By The Tabo Law Firm • January 29, 2025
At The Tabo Law Firm, we know how important it is to protect your interests with a strong, enforceable premarital agreement. But when it comes to child support, there’s one thing you absolutely cannot do: waive it. California law makes it clear—child support is always modifiable based on change in circumstances. You can’t use a prenup to eliminate or limit this right because child support is designed to protect the best interests of the child, not the parents. Including provisions that violate this law will render your agreement unenforceable. When drafting premarital agreements, enforceability is our top priority. We ensure that every provision complies with California law, so your agreement stands up in court. Including anything illegal, such as an attempt to waive child support, undermines the entire contract and risks getting it thrown out. If you're considering a prenup, don’t leave its enforceability to chance. At The Tabo Law Firm, we specialize in crafting agreements that protect your interests while standing firm under California law. Call us today at 916-866-8856 to schedule a consultation and ensure your premarital agreement is legally sound and enforceable. Don’t risk your future—let’s secure it together!
Show More
Share by: