You can include alimony in your prenuptial agreement in Georgia.
Under Georgia law, you can:
- limit the amount of alimony
- limit the timeframe alimony gets paid
- waive the rights to alimony
Prenups limiting alimony are a grey area in family law.
The judge has the right to ignore your prenup limiting alimony.
The judge can still award alimony to your spouse.
Even if there is a prenuptial agreement that limits the alimony.
They will overrule your alimony you agreed upon in the prenup if it seems unfair or retaliatory.
Especially if the grounds for divorce are not no-fault.
Grounds for divorce like abuse, desertion, etc. negatively affect the person committing them.
If a parent quits work to stay home with the children, the judge may award them alimony.
If a spouse is marrying into wealth, the judge may not overrule the prenup.
It all depends on what the judge deems as fair.
And in Georgia, both individuals have to hire a separate prenup lawyer for alimony clauses.
Per the Uniform Premarital Agreement Act, both spouses have to have separate lawyers review the prenup for alimony.
If they do not, then alimony clauses in a prenup won’t be enforceable.
Related: What Are The Chances Of A Father Getting Full Custody