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Absence of Prenuptial Agreement May Affect Actor’s Spousal Support

Months after Hollywood actress Megan Fox filed for divorce, her former husband Brian Austin Green has responded by asking for spousal support and joint custody of their sons. The couple were married in 2010 without entering into a prenuptial agreement. Due to the wide gap between the couple’s earnings in recent years, the actress is expected to pay alimony after the dissolution of their marriage.

Effect of Prenuptial Agreements on Alimony

A prenuptial agreement is an agreement that future spouses enter into before the marriage, concerning various matters such as the management and division of assets, and child and spousal support in case of divorce. 

Court documents show that Fox and Green separated on June 15, 2015. The Hollywood actress, who cited irreconcilable differences as her reason for filing for divorce, rose to fame for her lead role in “Transformers”. While Green became popular as part of the cast in the 1990’s hit series “90210”, the actor has not been able to work due to a health condition arising from a motor vehicle accident.

Without a prenuptial agreement between Fox and Green, matters such as spousal support may be left to the determination of the family court where their divorce is pending. Fox’s financial success and Green’s health condition can have an impact on the court’s decision to award spousal support and its amount. The court may order the higher-earning party to financially provide the other party in order for both to be able to continue their lifestyle for a period of time.

In California, the court may consider several factors in awarding spousal support. These factors may include:

  • The duration of the marriage
  • The age and health of the spouses
  • Financial capacity of each spouse
  • The standard of living enjoyed during the marriage

The court may also consider any criminal conviction of an abusive spouse in denying spousal support.

If you are contemplating divorce and don’t have a prenuptial agreement, then consulting an experienced family attorney is absolutely important. 

In San Diego, California, the law firm of Fischer & Van Thiel, LLP has decades of experience in prenuptial agreements and spousal support, helping clients understand their rights before entering into settlement agreements.

Divorce can be an emotionally challenging time. Our team of dedicated San Diego attorneys is ready to listen to your situation and discuss your legal options. 

We welcome your call today at (858) 935-6211 to schedule a consultation with one of our attorneys.

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