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Can I get support from my husband despite our premarital agreement?

Can I get support from my husband despite our premarital agreement?

Q: What happens if my ex doesn't pay alimony?

If your ex does not pay alimony, you can take legal action to enforce the order. This may involve filing a motion for contempt with the court. The court can impose penalties, including wage garnishment or other enforcement measures. It's crucial to document missed payments and seek legal advice to understand your options.

Q: What happens if your ex doesn't pay alimony?

If your ex fails to pay alimony, you have the right to seek enforcement through the court. You can file a motion for contempt, which may lead to penalties for your ex, such as wage garnishment or even jail time for noncompliance. Keeping records of missed payments will support your case.

Q: Do I have to pay alimony if my wife doesn't want it?

If your wife has waived her right to alimony in a prenup or other legal agreement, you generally would not have to pay. However, if there is no such agreement, the court may still order alimony based on various factors, including your financial situation and her needs. Always consult with an attorney for specific advice.

Full question:

My Husband has left me and our child. We had a premarital agreement that provided that I get no alimony or support. What can I do?

Category: Marriage
Subcategory: Premarital Agreements
Date: 04/07/2025
State: Florida

Answer:

In Florida, a husband has a duty to support their spouse to the extent of their ability, even if a premarital agreement waives alimony or support. This duty continues until the divorce is finalized. Therefore, the premarital agreement does not eliminate the requirement for spousal support during the marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can alimony be modified in Colorado?

Yes, alimony can be modified in Colorado if there is a significant change in circumstances. This could include changes in income, employment status, or other factors that affect the need for support or the ability to pay. The requesting party must file a motion with the court to seek a modification. It's important to provide evidence of the changes that warrant a modification of the alimony agreement.

Does a prenup protect you from alimony?

A prenup can limit or waive alimony, but it is not absolute. In some cases, a court may still award alimony if it deems necessary for fairness, especially if circumstances change significantly. Each case is evaluated on its own merits, so it's essential to consult an attorney about the enforceability of a prenup regarding alimony.