| Premarital agreements are governed by state law. Therefore, the law of the state in which the spouses reside determines what may and may not be included in a premarital agreement. While the law varies by state, there are a few generally applicable rules regarding what spouses may not agree to in a premarital agreement.
Child Support
All states prohibit premarital agreements that define or eliminate a spouse's obligation to pay child support. A provision in a premarital agreement that defines or eliminates a spouse's child support obligation is unenforceable.
Child Custody
All states prohibit premarital agreements that define the spouses' child custody rights. A limitation or definition of visitation rights is also prohibited. A court will refuse to enforce a provision in a premarital agreement that defines child custody or visitation rights.
Illegal Bargains
Spouses may not agree to anything that violates state law or public policy in a premarital agreement. A provision in a premarital agreement that contains an illegal bargain is unenforceable.
Spousal Support
In some states, a premarital agreement may not be used to eliminate a spouse's right to spousal support or alimony in the event of divorce. In other states, the spouses may agree to eliminate spousal support or alimony in a premarital agreement.
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