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Does a prenup have to include alimony?

When two people decide to get married, they will likely begin to plan their big day. This planning process will include a variety of things, like choosing a venue, tasting cakes, and in some cases, drafting a prenuptial agreement. If drafting a prenup is on the list to do before they tie the knot, they may have a lot of questions about the process and how this marital contract works.

One common question that people may ask about prenups is what they are allowed to include in them, specifically regarding alimony. Terms of alimony can be part of a prenuptial agreement. Such terms can stipulate who will receive alimony and the amount that will be paid.

Although a couple can include the terms of alimony in their prenuptial agreement, some may have agreed to waive their right to receive it. If they or their spouse have attempted this, they probably found out that they likely cannot waive their right to alimony. Many states prohibit giving up your right to alimony. For this reason, it is important that you understand the laws of your state prior to creating and signing a prenup.

Prenuptial agreements are a great way for a couple to protect themselves and their assets should they divorce. These agreements are not viewed as romantic, but it may be a good decision in the long run. Should you and your spouse be considering a prenuptial agreement, it would be best to speak with an attorney prior to entering the marriage. An attorney can inform you of what can and cannot be in a prenup and help create an agreement that protects your interests.

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