Two of the most common questions about premarital agreements are how long they last and whether they can stop a spousal support claim. The answers turn on what the agreement says and how it was signed.
Does a prenup expire?
By default, a prenup does not expire. A validly executed prenuptial agreement remains in effect for the entire marriage and governs at divorce or death unless the couple later revokes or amends it in writing. So the common belief that a prenup automatically lapses after a certain number of years is incorrect — unless the agreement itself says so.
The exception is a sunset clause. Some couples deliberately write a provision that causes all or part of the agreement to expire after a set number of years or upon a milestone such as the birth of a child. If your agreement contains a sunset clause, then it does have an expiration; if it does not, it lasts as long as the marriage. That is why the honest answer to “how long does a prenup last” is: as long as the marriage, unless you built in an end date.
Can a prenup prevent alimony?
A California prenup can waive or limit spousal support, but the requirements are strict. Under Family Code section 1612(c), a spousal support waiver in a premarital agreement is unenforceable unless the party against whom enforcement is sought was represented by independent counsel at the time the agreement was signed. Even then, the court will not enforce a support waiver that is unconscionable at the time of enforcement. So a prenup can prevent or cap alimony — but only if the waiving spouse had their own lawyer and the result is not grossly unfair when the divorce actually happens.
What makes a prenup enforceable at all
Whether the issue is property or support, enforceability rests on Family Code section 1615: the agreement must have been signed voluntarily, with full and fair disclosure of each party’s finances, and without unconscionability. California also imposes a seven-day rule — the party must have at least seven calendar days between first receiving the final agreement and signing it — and heightened protections where a party was unrepresented. A prenuptial agreement that skips these safeguards is vulnerable to challenge, which is why both the drafting and the signing process matter as much as the terms.
Talk to Furubotten Law
Every page on this site ends the same way it began: with a real lawyer. If you are navigating any of the issues discussed above, Denise Furubotten, Esq. brings 30 years of California family law experience to your matter. Call Furubotten Law, APC at (714) 795-3862 to schedule a confidential evaluation.