2 ANSWERS
Dear Ms. Herbert:
Whether you can get alimony or not depends on what the prenuptial agreement says. There may be a provision in the agreement that provides for you to get a lump sum payment, or a certain amount for each year of marriage or, possibly, nothing at all. However, in most instances prenuptial agreements provide for a waiver of alimony. There are many reasons for same, but one of the most glaring is that alimony is subject to modification. When parties do a prenuptial agreement it sets out what everyone's rights and obligations will be upon divorce, and leaves little up for interpretation or controversy. WIth an alimony provision, things might not be as clear depending on the circumstances at the time of a divorce.
Before signing such an agreement it is a good idea to have a family law attorney review it for you so you will know exactly what you are signing, and what you may be giving up if the marriage does not work out. A side note, prenuptial agreements often also discuss what happens if you stay married happily ever after and then the first spouse dies. You could unwittingly waive some valuable rights without proper advice. If you are going to sign a prenuptial agreement please have an attorney look at it first.
Best Wishes,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-96-2785
Answered on Nov 19th, 2019 at 2:42 PM
Your question is very vague, so I'll give it a go. Assuming you have a prenup and the prenup states you are entitled to alimony, then obviously you will receive alimony. However, if the prenup states no alimony, then alimony is not available postjudgment. However, one is entitled to alimony on a temporary basis during the divorce litigation no matter what the prenup states. If you are negotiating a prenup, you could negotiate alimonmy as an element of the prenup. I hope this helps. Good luck!
Answered on Nov 19th, 2019 at 6:02 AM