Shirlington, Arlington · Prenuptial & Postnuptial Agreements

You earn well, and you are genuinely proud of that, because it took real work to get here. You are also marrying someone you love, and you would rather decide together, now, what support would look like if things ever ended, instead of leaving it to a judge years from now when neither of you feels generous. Here is the answer: a Virginia prenuptial agreement can set, cap, or waive spousal support in advance, so you both know where you stand. In Shirlington, we help couples settle the question of support fairly, on their own terms.

By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals

This article is one part of our larger guide to prenuptial and postnuptial agreements in Virginia. For the full picture, start with our cornerstone, Prenuptial Agreements in Virginia. Here, I will focus on setting spousal support terms in advance.

Virginia lets you decide support ahead of time

Spousal support, also called alimony, is one of the things Virginia expressly lets a couple settle in a prenup. You can agree on a set amount, place a cap on it, fix how long it would last, or waive it entirely, as long as the agreement itself is fair and properly made. Deciding this together in advance replaces an unpredictable court fight years down the road with a clear, shared understanding that the two of you control from the start. You can read more on our spousal support terms page.

Why couples set the terms early

Support is one of the most uncertain parts of any divorce, because a court weighs many factors and reasonable judges can land in very different places. Setting the terms in advance gives both of you real predictability and lets you tailor the outcome to your own situation, instead of handing that decision over to a judge who does not know your marriage at all. It can protect a higher earner from an open ended, indefinite obligation, and it can just as easily protect a spouse who plans to step back from a career to support the family. Either way, you replace a stressful unknown with a number you both chose.

Fair terms are durable terms

The goal is not to strip a spouse of everything, it is to reach a fair and clear result you both understand. A term that leaves one spouse destitute can be challenged later as unconscionable, so balanced, reasonable terms are both kinder and considerably stronger. We help you design support terms that genuinely match your real circumstances, and we coordinate them carefully with your premarital assets so the whole agreement holds together as one piece. Reasonable terms, fairly reached, are the ones a court is most likely to enforce without a second look.

How Virginia law treats it

A prenup must be in writing and signed by both of you and is enforceable without separate payment. A court will set support terms aside only if the challenger proves they did not sign voluntarily, or that a term was unconscionable when signed and they were not given fair disclosure and did not waive it in writing. If a Shirlington couple’s agreement were ever challenged, it would be tested in the Arlington County Circuit Court.

Make it hold up

Support terms hold best when they rest on disclosure and independent advice. We handle the financial disclosure, encourage independent review so each of you understands the terms, and write your spousal support terms in clear, fair language that is built to last.

How we help in Shirlington

We help couples settle support on their own terms: setting, capping, or waiving it fairly, keeping property and support clear, and building the agreement on disclosure and independent review. We do this for couples across Shirlington, Fairlington, and the Columbia Pike area, and we are glad to model how a given term would actually play out across several different scenarios, so that you are deciding with open eyes rather than guessing.

Frequently Asked Questions