PRENUP950 · CALIFORNIA
Can a Prenup Waive Alimony in California?
Understand the limits on alimony waivers, why independent legal advice matters and what to discuss before signing.
Published by Prenup950 · September 12, 2026.
Legal services by U2U Law Professional Corporation. Meet Nazli Usaklioglu, Esq.
Yes, a California prenup can include a spousal support provision, including a waiver—but it is not automatically enforceable. Under Family Code § 1612(c), it is unenforceable if the person against whom enforcement is sought did not have independent counsel when signing, or if the provision is unconscionable when enforcement is sought. Having a lawyer does not guarantee enforcement.
Are alimony and spousal support the same thing?
“Alimony” is a common term for spousal support: financial support paid by one spouse to the other. A prenup may address support through a waiver, a limit, a formula or other terms. California’s special safeguards apply to spousal support provisions, including more than complete waivers.
What does California law require?
Family Code § 1612(c) makes two points especially important. The person against whom a support provision is later enforced must have been represented by independent counsel when the agreement was signed. The provision must also survive the law’s test for unconscionability at the time enforcement is sought. A provision is not saved merely because both people signed it or an attorney was involved.
Other enforceability requirements still matter. Family Code § 1615 addresses voluntary signing, financial disclosure and related safeguards. These requirements should be planned together rather than treated as a final checklist just before the wedding.
Can one lawyer advise both partners?
Each partner should seek their own advice. If a support provision could be enforced against either person, each needs to understand the independent counsel requirement. A general written waiver of a lawyer does not replace the independent representation required for enforcement of a spousal support provision against an unrepresented party. Read more about California prenup lawyer requirements.
Questions to discuss before choosing support terms
| Your plans | A useful question |
|---|---|
| Children or caregiving | What if one partner reduces work or leaves a career to care for the family? |
| Different incomes | How would each person meet their needs after separation? |
| Career or education changes | What if one partner supports the other through school or relocation? |
| Health or disability | How should the conversation account for a future loss of earning ability? |
| A longer marriage | Would your expectations change as the length of the marriage increases? |
These questions help your attorney understand your goals. They do not predict what a future court will consider enforceable. Avoid choosing a waiver solely because it appears in an online template.
Does a support waiver also cover property or child support?
No. Spousal support, property division and child support are different issues. A provision about business ownership or separate property does not by itself answer support questions. Under Family Code § 1612(b), a premarital agreement cannot adversely affect a child’s right to support.
For the broader picture, see what a California prenuptial agreement can cover. Business owners can also review our business ownership and prenup guide.
Can we sign immediately if we both have lawyers?
No. For agreements signed on or after January 1, 2020, California generally requires at least seven calendar days between first presentation of the final agreement and signing, regardless of representation. Substantive changes can affect the timeline. This is a review period before signing, not a rule that you can ignore by hiring counsel. Use the California seven-day rule guide to plan early.
Can a postnup change spousal support terms?
If you are already married, ask for advice specifically about a postnuptial agreement. Spouses already have legal rights and duties toward each other; do not assume the rules for a premarital waiver apply in the same way. See our California postnup services.
Talk through your options with an attorney
Prenup950’s $950 package is for one client and includes a 15-minute attorney consultation, questionnaire review and personalized drafting. A virtual consultation is available. Tell the attorney if you want support terms so representation, timing and scope can be discussed early. The other partner’s attorney and additional services are separately priced unless included in your engagement.
Call (424) 600-7167 See the $950 package
General California legal information, not advice about whether a particular waiver should be signed or will be enforced.