Can an agreed upon spousal support award within a premarital agreement be ignored or set a side at a later date?

A premarital agreement is a contract that can be used to avoid or limit maintenance. The agreement must meet all the conditions of any other contract to be valid, including but not limited to the following; it must be executed and signed in good faith; there can be no duress or compulsion to sign; there can be no fraud in the inducement to sign. If your ex-spouse gets the agreement set aside because it is an invalid contract, you may have to pay spousal support.

In some states, if the premarital agreement was constructed in such a way as to give the recipient ex-spouse little or no support, that is, support that would be inadequate for day to day living, a judge can award some additional maintenance on top of that in the premarital agreement, or the agreement can be set aside and maintenance would be awarded.

Also, be aware that if the premarital agreement was signed when conditions were significantly different than they are now, your ex-spouse may be able to have it set aside.

For example: if the premarital agreement was signed with the idea that you would be a fairly successful computer salesperson, but you got in on the dot com boom and are now a billionaire, the premarital agreement does not reflect reality as it is now.