New York Court Strikes Down Spousal Support (Alimony) Waiver—What It Could Mean for Your Prenuptial Agreement

A recent New York case, JM v. GV[1], found that a spousal maintenance waiver in a prenuptial agreement was unenforceable due to lack of financial specificity and unequal legal representation. While most of the prenup was upheld, the court struck down the maintenance clause because it didn’t include income details or calculated support amounts. This decision signals that New York courts may closely scrutinize maintenance waivers in prenups. Couples should ensure both parties have experienced legal counsel and include clear financial disclosures.

The point of signing a prenuptial agreement is to clearly and definitively set out the terms that you and your fiancé have agreed to before you get married so that, in the event of divorce or death, your mutual agreement will be enforced. That’s why a recent ruling in the JM v. GV case out of New York Supreme Court in Brooklyn (Kings County) caused a stir when it held that certain clauses where a party waived spousal maintenance (colloquially known as alimony), can be challenged and will be set aside under the right circumstances.

Why the Spousal Maintenance Waiver Was Found Invalid

In JM v. GV, the couple had a prenuptial agreement that stated each spouse would keep their separate property and waive the right to spousal maintenance. The Wife had an attorney represent her during the negotiations, but the Husband chose to waive the right to have an attorney and represented himself in the negotiations. In the divorce, the Husband challenged the entire prenup in court.

In deciding the matter, the court upheld most of the terms of the prenuptial agreement—including the division of property—but struck down the parties’ waiver of spousal maintenance. The court identified two key reasons the waiver was unenforceable:

1. Lack of specific maintenance details: Although the agreement referenced New York’s spousal maintenance guidelines, it did not include the actual formula or a calculated dollar amount at the time of signing that the Husband would be giving up, nor did it include the parties’ incomes at the time.
2. Imbalance in legal representation: The Wife had legal counsel during the prenup negotiation, but the Husband did not.

The court viewed this imbalance in legal representation, combined with the lack of specificity regarding spousal support calculations, as sufficient to vacate the spousal support terms.

Importantly, the rest of the agreement remained intact thanks to a severability clause that stated that if one term of the agreement was found unenforceable, it would not affect the other terms.

What Happens Next?

This decision can technically be appealed; however, given the economic circumstances of the parties, the amount in controversy, and the cost and time involved, an appeal is not likely.

New York Legislative Action Is Also Unlikely

While the New York legislature has the ability to clarify the law on spousal maintenance waivers in prenuptial agreements, there’s little indication that any changes are coming soon. Family law reform tends to move slowly, and this issue is unlikely to rise to the top of the legislative agenda.

For now, the JM v. GV decision stands in Kings County where it was issued. Although it is not binding in other counties, the ruling was authored by a well-respected matrimonial judge and may carry weight in courts across New York. It opens the door for future challenges to similar prenups and may influence how other judges approach the issue of maintenance waivers.

How to Protect Yourself If You Are Asking Your Fiancé to Waive Spousal Support in a Prenuptial Agreement

If you’re entering into a prenup and want your fiancé to waive spousal maintenance, this case highlights important precautions you should take:

1. Make sure both parties have attorneys

• Courts are far more likely to uphold a prenuptial agreement when each party is represented by independent legal counsel.
• If your fiancé cannot afford an attorney, you should consider cover their legal fees to protect the enforce-ability of your agreement in the long run.
• A lack of legal representation can later be used to argue that the agreement was unfair or not fully understood.

2. Include the spousal maintenance formulas and input your current incomes

Referencing the relevant law and that the law is being waived is not enough — you must spell out exactly what is being waived to show that the unrepresented party understood the terms. As such, your prenuptial agreement should include:

• The maintenance formula pursuant to New York’s guidelines.
• A calculated dollar amount as to what spousal maintenance would be at the time of signing, based on your present incomes.

This makes it clear that both parties understand what the current spousal maintenance laws are, what rights are being waived, and avoids the perception of an imbalance of knowledge at the time of a divorce.

The Goal Should be to Create a Solid Framework for Your Marriage

Whether you are entering into marriage for the first or second time, supporting children from a prior relationship, or simply want to prevent misunderstandings down the road, a carefully crafted prenup will give you peace of mind and foster open communication.

It’s important to make sure both parties know what they are agreeing to when signing a prenuptial agreement to ensure that the agreement is fully enforceable at the time of a divorce.

At Vacca Family Law Group, we focus on helping you create fair and thoughtful agreements that work for both you and your fiancé. We will help to make sure that your agreement is durable and enforceable. If you already have a prenuptial agreement—especially one where spousal support was waived prior to the issuance of this case—or you’re preparing to sign one, our experienced team will help you identify potential issues and give you peace of mind before they arise. Contact us today for more information and to schedule your free introductory call.

Vacca Family Law Group is located at One Grand Central Place, 60 E. 42nd St., Suite 700, New York, NY 10165

[1] JM v. GC, 2025 NY Slip Op 25004 (Sup. Ct, Kings County 2025).