How Prenuptial Agreements Impact Alimony Payments

Thinking about marriage often brings up joyful images, yet money questions can sit quietly in the background until they cause stress. One of those questions is, “If we split up, will someone pay spousal support?”

Since 2014, we at Jackman Law Firm have helped Seattle couples tackle that concern before it turns into a courtroom fight. This article looks at how a prenuptial agreement can shape alimony, giving you a clearer path forward and fewer financial surprises.

The Enforceability of Alimony Provisions in Prenuptial Agreements

A prenuptial agreement is only as good as a judge allows it to be. Washington courts review alimony clauses with care, checking whether the contract was created and carried out in a fair manner.

Conditions for Enforceability

Courts focus on two big ideas: procedural fairness and substantive fairness. If both are present, the alimony provision usually stands.

Procedural fairness

Each future spouse must:

• Exchange a full list of assets, debts, and income.
• Have separate legal counsel or willingly waive that right in writing.
• Sign voluntarily, well before the wedding date and without pressure.

Substantive fairness

Even if the paperwork was signed correctly, a judge may still ask, “Is this fair right now?” Washington gives courts the power to revisit the deal at the time of divorce if the outcome would leave one spouse in dire need while the other thrives.

Limitations on Alimony Provisions

While parties can shape support, some roadblocks remain.

1. Sharp swings in wealth. If one partner becomes a tech millionaire or, on the flip side, loses the ability to earn, a once-balanced waiver might look harsh. Judges may set it aside.
2. Lack of full disclosure. Hiding a rental portfolio or offshore account can render the alimony clause, and sometimes the whole prenup, useless.
3. “Bad boy” or “bad girl” clauses. Washington follows no-fault divorce rules, so tying support to adultery or other misconduct rarely works.

How Prenuptial Agreements Can Modify Alimony

When done correctly, a prenup lets couples pick the support plan that matches their comfort level rather than gamble on an unknown court order.

Waiving Alimony

A complete waiver says neither spouse will ask for maintenance if they separate. This route often makes sense when both parties earn close to the same income, have independent savings, or feel strongly about financial independence.

Setting the Amount and Duration of Alimony

Some couples prefer guardrails over a full waiver. A prenup can:

• Fix a flat dollar figure, such as a lump-sum payout within 90 days of divorce.
• Create an “escalator” that grows with the length of the marriage; for example, $1,500 per month for each year married, paid for half the marriage length.
• Index payments to inflation so today’s dollars retain their buying power later.

Addressing Fault

To avoid messy finger-pointing, many agreements state that fault will not affect the alimony promise. Removing that argument saves time, legal fees, and quite a bit of heartache.

Factors Influencing Alimony Decisions Without a Prenuptial Agreement

If you walk down the aisle without a contract, Washington judges turn to standard factors when deciding spousal support.

This unpredictability is a key reason why many couples draft prenups before tying the knot.

What a Prenup Cannot Control Regarding Alimony

Child wellbeing is never up for private bargaining. No contract, including a prenup, may lock in child support amounts or parenting schedules. Those topics stay with the court, which looks at the best interests of the child at the time of divorce.

Modifying or Revoking a Prenuptial Agreement

Life changes, and Washington law allows couples to revisit their agreement. Any adjustment must appear in a written amendment, signed by both spouses and, ideally, reviewed by separate lawyers. Oral promises over coffee will not override the document filed in your desk drawer.

Considering a Prenuptial Agreement? Contact Jackman Law Firm Today

Since opening our doors in 2014, Jackman Law Firm has stood beside Seattle families in divorce, custody, and support matters. We draft clear prenuptial agreements, review existing ones, and litigate cases when needed. Feel free to call us at 206-558-5555 or reach us through our Contact Us page. Our team is ready to protect your future and give you the confidence you deserve.