One of the most common questions couples ask when exploring prenuptial agreements is: “Can a prenup protect against alimony?”
In Canada, alimony is called spousal support. A prenup can include clauses about spousal support, but whether they will be enforced depends on several factors, including fairness, full disclosure, and independent legal advice.
This guide will walk you through what alimony is, how prenups work in Canada, how the two interact, and whether you can use a prenup to avoid paying alimony.
Alimony (spousal support in Canada) is money one spouse may have to pay the other after separation or divorce.
Spousal support exists because relationships often create financial interdependence. One partner may stay home with children, reduce work hours, or support the other’s career. When the relationship ends, the law tries to prevent unfair financial hardship. This might require one spouse to make payments to the other after the relationship ends to help them retrain to enter the work force or get back on their feet.
Different types of alimony (spousal support) may apply depending on the circumstances:
Support paid while the separation or divorce is still in progress. This ensures both partners can meet living expenses during the transition.
Short-term support to help a spouse become financially independent – for example, while retraining or going back to school.
Rare today, this applies in long-term marriages where one spouse cannot reasonably return to the workforce due to age, health, or caregiving responsibilities.
Instead of ongoing payments, one spouse pays a one-time or fixed total amount. This can make separation cleaner but isn’t always appropriate.
A prenuptial agreement (prenup), often called a marriage contract in many Canadian provinces, is a legally binding contract couples sign before marriage. It sets out how property, debts, and other financial matters will be handled if the marriage ends.
The purpose of a prenup is to:
A prenup can protect you by:
This is where things get tricky.
Yes, a prenup can include terms to waive or limit alimony. But in Canada, if a prenup is challenged, courts will review these terms and may override them if they are unfair at the time of separation.
So while a prenup can help protect against alimony, it cannot guarantee you will never have to pay spousal support. Whether or not spousal support should be paid is based on the legal framework and the circumstances of your relationship.
Including provisions about alimony in a prenup can provide clarity for both partners.
Common approaches include:
A prenup alimony waiver means both partners agree not to claim spousal support if the marriage ends. In Canada, courts may uphold this if it’s fair, but can set it aside if it creates undue hardship.
To make alimony clauses more enforceable:
Canadian law is guided by both federal and provincial rules.
Bottom line: Canadian courts prioritize fairness over strict contract enforcement.
Pros:
Cons:
To maximize enforceability in Canada:
Yes. You can update or replace a prenup with a postnuptial agreement (postnup). In Canada, these are called marriage contracts if you’re married or cohabitation agreements if you’re living common-law. It’s a good idea to review your agreement regularly, and update it whenever you have a significant change in circumstances.
A prenup can include a waiver of alimony (spousal support), but Canadian courts may override it if enforcing the waiver would be unfair. So, while a prenup can help limit alimony, it cannot guarantee complete avoidance unless that is fair and reasonable in the context of your relationship.
So – does a prenup protect against alimony?
Yes, but only to an extent. A prenup can include terms about alimony, such as waiving or limiting it, but Canadian courts will always look at fairness at the time of separation.
At Jointly, we help couples create clear, fair, and legally informed agreements. While you can’t always guarantee protection against alimony, you can set expectations, reduce uncertainty, and strengthen your relationship with honest conversations.
👉 Ready to start building your prenup? Visit getjointly.ca today.
Amanda BaronI'm Amanda, one of the founders of Jointly. I've been working as a lawyer in British Columbia for over ten years. I have a deep commitment to access to justice and building stronger, more resilient communities. I’ve always believed that everyone deserves affordable, clear, and accessible legal solutions to navigate life’s big moments.