Spouses can waive their rights to maintenance payments in a prenuptial agreement. They can agree in a prenuptial agreement to a certain amount of maintenance to be paid to the less wealthy spouse in the event of a divorce. Finally, a prenuptial agreement can allow couples to determine what rights a surviving spouse will have upon the first spouse's death. Such a waiver ensures that the estate plan of the first spouse to die will be honored by the surviving spouse. Why Couples Choose to Alter Spousal Rights Provided by Law.
Couples choose to alter their statutory rights for a number of reasons.
Some people simply wish to have certainty as to property rights and maintenance payments upon a potential divorce. By entering into a prenuptial agreement, they eliminate much of the financial uncertainty associated with a divorce. People who have children from a previous marriage may wish to protect their assets for the ultimate benefit of their children. They may view a prenuptial agreement as a means of protecting their assets in a divorce for the benefit of their children. A prenuptial agreement which addresses the rights of a surviving spouse upon the death of the other spouse can protect the deceased spouse's estate for the benefit of descendants.