CALIFORNIA FAMILY LAW
...Premarital and Postnuptial Agreements
......Agreements Not Enforced
.........Agrmts Limiting Support
8 Cards On This Topic:

Effective 1/1/2002, right to waive spousal support in premarital agreements substantially limited.

Limiting spousal support in antenuptial agreements: Upheld by S.Ct., limited by Legislature.

Premarital agreement cannot adversely affect right to child support.

Spouses cannot, by a contract with each other, alter their legal relations, except as to property.

Provisions providing for a minimum period of support not void.

Provision for lump sum payment in lieu of support void.

Though s/s waivers entered into in 1994 not per se illegal, where parties’ circumstances were “greatly disparate” when signed and where enforcement would be presently unconscionable, waiver was unconscionable and unenforceable.

The validity of a spousal support waiver depends on when it was executed; waiver executed before the enactment of the UPAA was void as against public policy.