When couples think about prenups, one of the first questions that comes up is: can a prenup prevent alimony? The answer is: sometimes, but not always.
Prenuptial agreements (prenups) can set expectations around property division, debt, and sometimes spousal support (alimony). But whether a prenup can waive or limit spousal support depends on where you live and how the agreement is drafted.
In this guide, we’ll cover everything you need to know about alimony in a prenup – from what alimony actually is, to how courts handle alimony clauses, to the pros and cons of including alimony provisions in your own agreement.
Alimony, also known as spousal support in Canada, is money one spouse pays to the other after separation or divorce.
While every couple’s situation is different, the idea behind alimony is that when a relationship ends, one partner shouldn’t be left financially stranded – especially if they made sacrifices for the family, such as staying home to raise kids or supporting the other partner’s career at the expense of their own.
The purpose of alimony is to balance fairness after a breakup. Courts recognize that marriage or long-term relationships often create financial interdependence. If one spouse earns much more than the other – or if one left the workforce to care for children – the law tries to reduce hardship through financial support.
In short: alimony exists to help one partner transition to financial independence, maintain stability, and avoid inequity after a relationship ends.
Different types of alimony exist depending on the circumstances:
Awarded while a divorce or separation is pending. It ensures both partners can cover living expenses until the case is resolved.
Support for a limited period while the receiving spouse becomes financially independent – for example, finishing school or retraining for a job after a career break.
Less common today, permanent alimony may be awarded after long marriages where one spouse cannot reasonably re-enter the workforce due to age, health, or caregiving responsibilities.
Instead of ongoing payments, one spouse pays a fixed amount – either upfront or in installments – to meet support obligations.
A prenuptial agreement (prenup) is a contract couples sign before marriage. It outlines how property, debts, and finances will be handled if the marriage ends.
Prenups don’t mean you expect to divorce – they’re about planning ahead, just like insurance or estate planning. We hope you’ll never need to use your prenup, but you’ll be glad it’s there if your relationship ends. Prenups serve to streamline the separation process and make it easier for couples to divide assets and move on amicably, without needing to go through contentious divorce proceedings in court.
Prenups can:
So how do alimony and prenups connect?
Including alimony in a prenup can give couples clarity and reduce conflict. You might agree in advance on whether alimony will be waived, limited, or set at a specific amount.
It’s important to note that what you set out in your prenup in terms of alimony must be fair and reasonable based on the circumstances of your relationship. If one spouse makes the money and the other stays home to care for the children, it’s very unlikely that a prenup that does not provide support for the stay-at-home spouse will be upheld by a judge if it’s challenged in the future.
Typical alimony clauses in prenups include:
A prenup alimony waiver is when both partners agree that no alimony will be paid if they separate. Whether this is enforceable depends significantly on the circumstances of your relationship. If you’re entering your marriage later in life, and both spouses are financially independent and expect to continue to be, this makes sense. If you’re entering your marriage young and expect one spouse will take time away from the work force to care for children, excluding spousal support from your agreement will not be seen as fair and reasonable by a judge unless there are other factors at play (for example, a transfer of property or a lump sum of money instead).
Couples may agree on:
Even with a prenup, a court may override alimony clauses if they’re unfair, signed under pressure, or leave one spouse without reasonable support. When you’re making your agreement, it’s important to make sure that it’s fair to both parties, and acknowledges both financial and non-financial contributions to the relationship.
Laws around alimony and prenups vary widely.
Canadian law is guided by both federal and provincial rules.
Bottom line: Canadian courts prioritize fairness over strict contract enforcement.
Courts consider:
Even if your prenup says no alimony, a court may award it if:
It’s important to review and update your prenup as your circumstances change. For most of us, life doesn’t go exactly as planned. What is fair and reasonable when you get married may not be as fair 20 years down the road.
If you want to address alimony in your prenup, keep these best practices in mind:
Pros:
Cons:
Yes, a prenup can attempt to prevent alimony through a waiver clause. But whether it works depends on where you live and whether the clause is fair.
Yes. Even if you signed a prenup saying no alimony, a court may still award it if enforcing the waiver would cause hardship or be unfair.
Alimony in a prenup is one of the most complex and important issues to think about when creating an agreement. While couples can agree to waive or limit alimony, courts always have the final say.
That’s why it’s essential to approach prenups thoughtfully, with fairness in mind. At Jointly, we make it easier to understand your options, learn about the law, and build agreements that protect both partners.
👉 Ready to explore your own prenup? Visit getjointly.ca to get started.
Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)