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When my husband and I entered into the prenuptial agreement, we included a provision in the contract stating that I would only receive a lump sum of $50,000 as alimony in the event of divorce. I am now seeking a divorce and would like to know if I can modify that stipulation in the agreement.
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As a general rule, any terms of the prenuptial agreement may be legally modified after marriage to reflect changing circumstances in life or to meet your or your partner's changing needs. The modification, however, must be signed by both parties and be in writing. If one spouse challenges the modification, the other party may have to go to court and ask the judge to change the stipulation. The party requesting a modification from the court must show a substantial change in financial or other circumstances, such as a bankrupt business, loss of employment, or a health condition. The majority of state laws and regulations also authorize parties to ask the court to modify the amount of spousal support or alimony if the provision would cause hardship to the recipient or payor spouse.
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