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What can’t be included in a prenup?

On Behalf of | Jan 12, 2021 | Blog, Divorce

Although most people don’t want to talk about divorce before they even say their “I dos,” it is incredibly important to introduce the idea of creating a prenuptial agreement to protect one or both parties. However, much like any other legal document in New York, there are certain things to know about these agreements. The following includes a list of some of the items that New York residents cannot include in a prenup.

Child support or child custody demands

With couples who have children before an official marriage, many will believe that they have a say on child support and child custody issues in the event of a divorce. The reality is that you cannot include anything relating to children in a prenup. The reason for this is that the courts will have the final say on who gets custody of a child.

Waivers of rights to alimony

One of the most commonly asked about items in a prenup is the waiver of the right to alimony. Alimony is the financial support that one person would give to the other after finalizing a divorce. Understandably, some don’t see this as fair and will attempt to add it into their prenup. However, there are many states in the union that outright prohibit a person from adding an alimony waiver to their prenup while other states simply put restrictions on it.

Personal preferences

Commonly added by controlling spouses, personal preferences have no place in a prenup. Personal preferences may include items such as which person should perform which home chores, where and when vacations will occur or how to spend household money.

As you can see from the above information, there are many items that are simply not allowed in a prenup. When drafting a prenuptial agreement, you may want an attorney by your side.

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