Spousal support, as readers may know, can be a contentious issue in divorce just as property division, child custody, and other issues can be. For spouses who are not ending their marriage on amicable terms—and many do not—having to pay for their former partner’s maintenance can be a frustrating thing to do, especially if the alimony award is significant.
In our last post, we began speaking about the issue of unconscionability as it relates to prenuptial agreements. As we noted, although state statute lays out the elements of unconscionability quite clearly, it isn’t always easy to determine when an agreement is fundamental unfair or not. It really depends on the details of the case.