Finan Family Law, APC | Torrance Prenuptial Agreement Attorney
One of the most common questions from executives and professionals in Torrance and the South Bay is:
“Can a prenuptial agreement eliminate spousal support in California?”
The short answer: Sometimes.
Under California law, parties can agree in a prenuptial agreement to limit, cap, or eliminate spousal support. However, strict legal standards must be met for the waiver to be enforceable.
WHAT MAKES A SPOUSAL SUPPORT WAIVER ENFORCEABLE?
Under California Family Code § 1615, a spousal support waiver will generally be enforceable only if:
- The agreement was entered into voluntarily
- Both parties had full financial disclosure
- The party waiving support had independent legal counsel
- The agreement is not unconscionable at the time of enforcement
If the spouse waiving support did not have independent legal representation, the waiver may not hold up.
WHAT DOES “UNCONSCIONABLE” MEAN?
Even if valid when signed, a court can refuse to enforce a waiver if it is unconscionable at the time of divorce. For example:
- One spouse left the workforce for years to raise children
- There is a major income disparity
- Enforcement would leave one spouse dependent on public assistance
CAN YOU CAP SPOUSAL SUPPORT INSTEAD OF ELIMINATING IT?
Yes. Many prenuptial agreements set a maximum monthly support amount, create a sliding scale based on years of marriage, or provide limited duration support. This approach can reduce litigation risk while still protecting high earners.
WHAT ABOUT HIGH-INCOME EARNERS?
In high-net-worth marriages, spousal support exposure can be significant. Courts consider factors under Family Code § 4320, including length of marriage, earning capacity, standard of living, and contributions to career advancement.
Without a prenup, support can become unpredictable.
COMMON MISTAKES WITH SPOUSAL SUPPORT PRENUPS
- Drafting without independent counsel
- Signing too close to the wedding date
- Failing to provide full financial disclosure
- Using online templates
- Eliminating support too aggressively
PRENUPTIAL AGREEMENTS IN TORRANCE & THE SOUTH BAY
At Finan Family Law, APC, we draft and review prenuptial agreements for executives, business owners, entrepreneurs, professionals, and individuals entering second marriages throughout Torrance, Manhattan Beach, Redondo Beach, Hermosa Beach, Palos Verdes, Long Beach, and Los Angeles County.
SCHEDULE A CONFIDENTIAL PRENUPTIAL CONSULTATION
If you are concerned about spousal support exposure in California, a properly structured prenuptial agreement can protect your income while remaining legally sound.
Call Finan Family Law, APC at (424) 419-3067 or Click here to send us a request.
Finan Family Law, APC
Torrance Prenuptial Agreement Attorney
Serving the South Bay & Los Angeles County