How Couples Can Decide What Happens to Alimony Before They Get Married
One of the biggest advantages of a prenuptial agreement is that couples can decide in advance how alimony (also called spousal support) will be handled if their marriage ends. Many people assume a prenup simply means giving up the right to alimony. That’s not necessarily true. Nevada couples have several options, and the agreement can be tailored to their particular circumstances.
Option 1: Both Spouses Waive Alimony
The couple can mutually agree that neither spouse will request or receive alimony if they divorce. This provides financial certainty and is often attractive to couples who are financially independent.
Option 2: Both Spouses Preserve Their Right to Alimony
Instead of waiving alimony, the couple can agree that either spouse may request alimony in the event of divorce. If they cannot agree at that time, a Nevada court will determine whether alimony is appropriate and, if so, the amount and duration.
Option 3: Agree on a Lump-Sum Payment
Couples can agree that one spouse will receive a specific lump-sum payment if the marriage ends. For example, the agreement might provide for a payment of $50,000 after five years of marriage or $100,000 after ten years. This approach provides predictability and avoids uncertainty over the amount of support.
Option 4: Agree on Monthly Alimony
Another option is to establish a monthly payment for a specific period. For example, the agreement might provide that one spouse receives $3,000 per month for two years following a divorce. Couples can also negotiate different payment amounts or durations depending on how long they remain married.
Option 5: Increase Alimony Based on the Length of the Marriage
Some couples prefer an arrangement in which the amount of alimony increases with each year of marriage. For example, a prenup might provide for a lump-sum payment of $10,000 for each completed year of marriage. After five years, the payment would be $50,000; after ten years, $100,000. The parties can also agree on a maximum payment to avoid an unlimited financial obligation.
Which Option Is Right for You?
There is no single approach that works for every couple. The appropriate arrangement depends on each person’s income, assets, financial expectations, and plans for the future. Nevada law generally allows couples considerable flexibility in negotiating spousal support provisions, although certain legal limitations apply to their enforceability.
Let’s Discuss Your Options
I’m Thomas Bradley, a Reno prenuptial agreement attorney with more than 35 years of experience helping couples throughout Reno, Sparks, and Northern Nevada prepare agreements tailored to their needs. A prenup doesn’t have to eliminate alimony. It allows you to decide together how alimony should be handled. Call me today to schedule a free initial prenuptial agreement consultation. I’ll explain your options and tailor an agreement that works for both of you.
