Can A prenuptial Agreement waive Spousal Support

Can A Prenuptial Agreement Waive Spousal Support?


The case of ‘In re Marriage of Pendleton & Fireman’ (2000) holds significant implications for the enforceability of prenuptial agreements, specifically regarding the waiver of spousal support. This landmark decision by the California Supreme Court has set a precedent that could reshape how prenuptial agreements are viewed and enforced in the state.

Background of the Case

In the case of Pendleton and Fireman, a premarital agreement was executed which included a clause where both parties waived their rights to spousal support in the event of a marriage dissolution. When the couple separated, the issue of the enforceability of this waiver came into question. Candace Pendleton, who filed for dissolution, initially challenged the validity of the premarital agreement, particularly focusing on the spousal support waiver.

The Court’s Ruling

The critical question before the court was whether a premarital agreement that includes a waiver for spousal support is enforceable. The Court of Appeal had affirmed the enforceability of such agreements, and the Supreme Court upheld this view.

The court’s decision hinged on the interpretation of the California Uniform Premarital Agreement Act and whether the waiver of spousal support violated public policy. The court concluded that the premarital waiver of spousal support, as stipulated in the agreement between Pendleton and Fireman, did not inherently violate public policy. This conclusion was drawn against the backdrop of evolving societal attitudes towards marriage and divorce, as well as significant legislative changes that reflect a more pragmatic approach to marital relationships.

Implications for Prenuptial Agreements

The ‘In re Marriage of Pendleton & Fireman’ ruling essentially opens the door for enforceable waivers of spousal support in prenuptial agreements, under specific conditions. It suggests that when both parties enter into such an agreement voluntarily, with full awareness of the consequences, and when both parties are seemingly self-sufficient in property and earnings, a waiver of spousal support in a prenuptial agreement can be valid.

Key Takeaways

  • Voluntary and Informed Consent: The ruling emphasizes the importance of both parties entering into the prenuptial agreement voluntarily and with a complete understanding of the implications.
  • Individual Circumstances Matter: The enforceability of spousal support waivers may depend on the specific circumstances of the parties at the time of enforcement.
  • No ‘One Size Fits All’: This decision does not universally apply to all prenuptial agreements. Each case’s specific details and the individual circumstances of the parties involved play a crucial role in determining enforceability.


The ‘In re Marriage of Pendleton & Fireman’ case marks a significant development in family law, particularly in how prenuptial agreements are interpreted and enforced in California. It underscores a shift towards recognizing the autonomy of individuals entering into marital agreements while balancing this with the broader implications of public policy and the evolving nature of marital relationships.

Click the link to read the full text of ‘In re Marriage of Pendleton & Fireman’ .


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