Q: Can I request alimony despite a prenup with no specific alimony clause?

A: First of all it depends on the language in the prenuptial. Second, New York does not have "alimony". There is spousal maintenance. The formula is dependent on the length of the marriage as well as the respective incomes. A two year marriage will only have a very limited time frame for any maintenance award.

A: I understand that your situation is challenging, especially given the financial impact of your move overseas. In New York, prenuptial agreements are generally enforceable, provided they meet legal requirements and do not violate public policy. However, if your prenuptial agreement does not contain a specific waiver or provision regarding alimony (spousal support), you may still have an opportunity to request it during your divorce proceedings.

In New York, alimony—also known as spousal maintenance—is awarded based on various factors, including the length of the marriage, the financial situation of both spouses, and whether one spouse sacrificed career opportunities for the marriage. Even though your marriage has lasted less than two years, your circumstances may be considered, particularly since you moved overseas for your husband’s assignment, which affected your ability to maintain employment. Your current income of $1,660 per month could be relevant in determining whether you have a financial need that justifies an award of temporary or post-divorce maintenance.

The key issue is whether the prenuptial agreement explicitly waives spousal support. If the agreement does not mention alimony at all, then New York courts may allow you to request it. However, if there is a general waiver of financial claims or a clause indicating that both parties waive support, this could present a challenge. Courts in New York will generally uphold a waiver of alimony unless it is deemed unconscionable, meaning it would leave one spouse in an unfair financial position.

Another factor to consider is the enforceability of the prenup. If there are any issues regarding how the agreement was signed—such as lack of independent legal counsel, coercion, or failure to fully disclose assets—you may have grounds to challenge its validity. Courts have the authority to set aside a prenup if it is found to be unfair or improperly executed.

If you wish to pursue alimony despite the prenup, you may need to present evidence that your financial situation has been significantly impacted by the marriage, particularly due to your overseas move and loss of employment opportunities. Since you still reside in a government-provided home with your spouse, your living arrangements and expenses could also be considered when determining whether support is appropriate.

Consulting with a divorce attorney familiar with New York family law is highly recommended. An attorney can review your prenuptial agreement, assess your financial circumstances, and determine whether you have a viable claim for alimony despite the agreement.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.