Q: What can I ask for in lieu of receiving spousal support and community property?
My fiancé is the higher earning spouse wanting me to waive all rights to spousal support and community property upon marriage (premarital agreement). He has asked me to suggest what I would like in lieu of these things, I'm an artist and I have no idea about the law.
A: Waiving spousal support and community property limits what you would be able to get in the event of divorce. Parents can't waive child support since it's against public policy. The fact that you don't have an attorney (I'm assuming) during the creation of a prenuptial agreement is a huge fact when determining the validity of a prenuptial agreement. More facts are required to provide a thorough analysis. You should probably hire a family lawyer to discuss these issues since there could be severe consequences in the event of divorce
A:
You can negotiate a resolution to the division of community property assets/ debts, and you can submit that to a judge for an order.
See: http://www.aeesq.com/divorce-attorney/community-property-2/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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