When couples choose to create a prenuptial agreement, their reason for doing so is often a desire to clarify each partner’s rights to certain property and assets both during the marriage and in the event of a possible divorce in the future. During this discussion of the couple’s finances, it is also possible, and in some cases beneficial, to determine how spousal support will be handled if the marriage ends in divorce.
Including or Excluding Spousal Maintenance in a Prenup
Under the terms of the Illinois Uniform Premarital Agreement Act, a couple has the ability to address “the modification or elimination of spousal support” in their prenuptial agreement. This means that you and your partner can iron out this often complicated matter well before a potential divorce and when the two of you are on good terms. Your prenup could address details including the amount and duration of spousal support, as well as the method by which it will be paid.
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