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Can I Determine Alimony in a Prenuptial Agreement in New Jersey?

As your wedding day approaches, you may be excited to begin the planning portion. From finding the perfect venue to cake tasting with your soon-to-be spouse, this can be a very exciting time for a couple. However, among the floral decision and catering calls, you may not have considered whether or not a prenuptial agreement is necessary for you. Though it may not seem very romantic, having this conversation with your partner can be incredibly beneficial. If you’re unsure what this is or whether or not conditions like alimony can be in a prenuptial agreement, you’ll want to keep reading. You’ll also discover how New Jersey prenuptial agreement lawyers can help you through these complex matters.

What Is a Prenuptial Agreement?

A prenuptial agreement is a document a couple creates and signs before marriage. This creates terms and conditions in the event the couple decides to divorce. Generally, this details how marital property, or any assets obtained during the marriage, will be divided during divorce. For example, a couple may determine that whichever parent receives custody of the children will get the marital home during the divorce to help prevent uprooting the lives of their children.

It’s important to understand that you cannot include decisions about child custody in your divorce. These matters must be determined by the couple as the divorce is ongoing, and if they cannot come to an agreement, the judge assigned to your case will examine the details and create a custody plan.

Can I Include Terms About Alimony in a Prenuptial Agreement?

If you and your spouse decide that a prenuptial agreement is ideal for your needs, you should understand that you can include terms regarding alimony payments in your agreement. For example, if one spouse earns significantly less than the other, you can decide on a minimum the lower-earning party would receive each month upon the dissolution of their marriage.

In other cases, you may waive alimony unless you and your spouse have been married for a certain length of time. For example, you can include a stipulation that alimony will only be awarded if the divorce occurs after ten years of marriage.

Why Do I Need a Lawyer for this Process?

If you and your spouse decide on a prenuptial agreement, it’s imperative to connect with an experienced attorney. Though you may love and trust your spouse, ensuring the terms and conditions of your agreement are fair and represent your best interest is important. Ass such, having an experienced attorney review the document is critical. Additionally, they can help negotiate the terms of the agreement to reflect what is best for you.

At Haber Silver Russoniello & Dunn, our dedicated legal team understands how complex these matters can be. As such, we will do everything possible to help you through these times to make the best decision for your needs. Contact us today to learn how we can assist you.

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