Over time, prenuptial agreements have adopted a negative connotation. Whether someone has experienced a divorce gone wrong or they have watched a movie where the “wealthy, yet evil” mother-in-law is forcing a prenuptial agreement onto the soon-to-be bride, prenuptial agreements have been tied to mistrust, greed, and arguments about assets. Although these agreements established before saying “I do” deal with protecting property and finances, there are other aspects that could be determined by the newlyweds, like alimony – also known as spousal support. If you’re getting married in Maryland, or even just curious about the prenuptial process, the family law attorneys at Divorce
With a Plan are here to help you develop a personalized plan that protects you when it comes to a worst-case-scenario divorce or just being proactive in establishing prenuptial matters.
What is Alimony/Spousal Support?
Alimony is not something to be fearful of during the planning process before marriage. In many cases, it is simply thought to be a way for one spouse to make money from the other. However, neither of those statements explains what alimony is. So, let’s clear up some confusion and myths about alimony:
- Alimony, by definition, is financial support that is paid by one spouse to the other after a divorce is final.
- It is not meant to be revenge on a cheating spouse, but is meant to help a lower-earning spouse maintain a standard of living that was close to what was maintained during the marriage after a divorce.
- Depending on the circumstances, alimony in Maryland can be temporary, long-term, or indefinite.
What a Prenup Can (and Cannot) Do About Alimony
A prenuptial agreement is meant to address many facets of finances between a couple, including alimony. In Maryland, couples have a lot of freedoms when they are drafting a prenup:
- They can set a maximum amount or duration for alimony.
- They have the option to completely waive the right to ask for alimony later.
- They can create specific conditions for alimony.
Although there are many options for couples in Maryland to explore related to prenups and alimony, it does not mean that whatever is drafted and agreed upon for the prenup is ironclad. While the courts in this state will usually respect what the couple agreed to before the marriage was final, it does not mean that they will blindly enforce the stipulations of the agreement, especially if financial conditions changed between the couple since the prenup was originally drafted.
So, If My Prenup Is Not Enforced, When Do the Courts Step In?
Even if there is a prenuptial agreement in place, once a divorce is filed, the court may choose to evaluate on a case-by-case basis. So, if the couple agreed to a “no alimony” deal beforehand, in Maryland, it does not mean that the judge will automatically comply with the set terms and conditions. There are a few reasons why a judge may refuse to enforce a waiver of alimony:
- If the judge believes that it would leave one spouse in a serious, vulnerable financial hardship.
- If the initial agreement was signed under pressure or without complete information about each spouse’s finances.
- If one spouse would end up needing public financial assistance.
- If the circumstances at the time of the divorce are wildly different from their situations when the prenup was signed.
In Maryland, the courts genuinely care about the fairness of the situation. They want to ensure that each party can adequately care for themselves, financially and otherwise.
Contact the Maryland Family Law Lawyers at Divorce With a Plan if You’re Thinking About a Prenup
If you are considering a prenup, especially one involving alimony, it is important that the appropriate time is taken to consider different options and scenarios. The Maryland family attorneys at Divorce With a Plan are experienced in a wide range of family law matters. Our team is equipped to help you make decisions that protect your life and future. Give us a call at (240) 326-7712 or get in touch with us online to get started.
