Alabama Prenuptial Agreements

Looking for an Alabama prenup? Here’s what to know about Alabama state law and how to get a legally-compliant prenuptial agreement for less than a dress and minus the stress through HelloPrenup.

Create our AL prenup

Alabama prenup basics

Prenuptial agreements (or “antenuptial agreements” as they call them in Alabama) are contracts entered into before marriage between a couple. They outline things like property ownership, property division, alimony, taxes, pets, rings, and many other topics. Prenups can be emotional documents as much as they are practical ones. They help set expectations and boundaries for a couple prior to entering into marriage (which, in turn, can create a stronger foundation for the marriage). Prenuptial agreements in Alabama are governed by Ala. Code § 30-4-9 and the relevant state case law (i.e., court decisions) that help shape the laws around prenups.

What makes an Alabama prenup enforceable?

For your prenuptial agreement to be valid and enforceable in Alabama, it’s essential to meet the specific requirements established by both state law and court precedents. While Alabama statutes simply mandate that prenups be in writing and signed and that they be subject to the rules of contract law. Additional criteria have been developed through court decisions over time.

Here’s what you need to know about making your Alabama prenup enforceable:

- Make sure your prenup is in writing and signed by both spouses.
- While not explicitly required, it’s highly recommended that the couple notarizes the agreement with two witnesses.
- Each spouse must disclose their finances to the other (this includes income, assets, debt, and future inheritances).
- Each party must enter the agreement voluntarily (no fraud, duress, coercion, or misrepresentation).
- The agreement is fair, just, and equitable.
- If the agreement is found to be unfair, unjust, and inequitable, then the parties must have voluntarily entered into the agreement with independent legal advice and full knowledge of each other’s financials.

>>See Mixon v. Mixon, 550 So.2d 999 (Ala.Civ.App.1989) for more details on what makes a prenup valid and enforceable in Alabama.

couple in love walking hand in hand in Alabama

Do I need a lawyer for a prenup in Alabama?

Alabama has nuanced laws on this topic, but your best bet for a valid and enforceable prenup in Alabama is to hire an attorney to advise you as to your rights.

Alabama law says that the presence or absence of an attorney for a prenuptial agreement is typically only considered if the agreement is found to be not fair, just, and equitable. In other words, if the prenup IS found to be fair, just, and equitable, then an attorney is not required for the prenup to stand. However, if the prenup is NOT considered fair, just, and equitable, then an Alabama court will require an attorney. Mixon v. Mixon, 550 So.2d 999 (Ala.Civ.App.1989).

Bottom line? Your best bet at a valid and enforceable prenup in Alabama is to have a lawyer.

What are the default laws on property division in Alabama?

Without a prenup in Alabama, a court will divide your property equitably (which doesn’t have to be equal, it just has to be fair, according to the court). This framework for dividing property is known as equitable distribution. An Alabama court will decide how to divide your property on a case-by-case basis. Usually, the property that a court will divide is “marital property” (property accumulated during the marriage), but a court may also divide up property acquired before the marriage or by inheritance. So, that house you bought way before getting married? It’s not automatically “safe” from being divided up. That inheritance you got from Aunt Sue? Also not automatically “safe.” However, a prenup can help ensure that all assets you want to be protected are protected (as long as they are created in accordance with state laws).

The court will utilize several factors in determining the division of marital property, including:

Future prospects of the parties,

Each of the parties’ ages, health, and station in life,

How long they were married, and

The conduct of the parties in regard to the cause of the divorce.

Join the thousands of couples creating their Alabama prenup today.

Create your free account now.

Start AL prenup

What are the default laws on alimony in Alabama?

Without a prenup in Alabama, courts have wide discretion to determine whether alimony is appropriate and how much (for how long) should be awarded. The factors a court will consider (for both alimony and property division) include the future prospects of the parties, their ages, health, station in life, length of the marriage, and conduct of each spouse in regard to the cause of the divorce. Pilgrim v. Pilgrim, 596 So.2d 942 (Ala.Civ.App.1992). There is no fixed standard for the amount of alimony; it will be decided on a case-by-case basis, with a judge looking to these factors when making their decision.

If you get a valid and enforceable prenup in Alabama, you can ensure that your expectations for alimony are set with your partner–whether that’s waiving alimony, modifying it, or leaving it up to a court’s discretion.

How to end a marriage in Alabama

To file for divorce in Alabama, either your spouse needs to be a resident of the state, or you need to have been a resident for at least 6 months leading up to the filing. There is also a waiting period of 30 days between the filing of the divorce and the entering of a final decree. Ala. In Alabama, there are several different grounds you can file for divorce on–either “no-fault” (meaning neither party has done anything wrong, the marriage is just done) or “fault” (meaning one party has done something wrong).

The grounds for “fault” in Alabama include adultery, abandonment, habitual drunkenness, and others. It’s more common to file a divorce under the grounds of “no-fault” (which in Alabama is called “incompatibility.”

Important prenup case law in Alabama

What is case law? It’s court decisions made by judges explaining certain areas of law, like prenuptial agreements. So, Alabama prenup case law is the court decisions of Alabama judges shaping the law regarding prenuptial agreements in the state. Let’s dig into some important Alabama case law and what Alabama deems as an enforceable agreement.

Does signing something that you didn’t read the day before the wedding without an attorney invalidate an Alabama prenup?

In 2007, an Alabama civil court of appeals heard a case where a couple was arguing over the enforceability of their prenup. The wife argued that the agreement was unenforceable under Alabama law because she signed the day before the wedding, she did not read the prenup, she did not secure independent legal advice before signing the agreement, the atmosphere around the signing of the contract was coercive, and that the husband did not fully disclose the value of his assets in his schedule of assets appended to the agreement.

The court completely disagreed with the wife. The court explained its reasoning:

The fact that she did not have an attorney was not (alone) enough to invalidate the agreement.
For financial disclosure to be proper in Alabama, she did not need to know the exact values of all her husband’s assets–having a general idea of his assets was enough.
She was a real estate agent at the time and had the wherewithal to understand the impact of a contract, yet still decided not to read it.
The fact that it was signed the day before was not coercive enough to deem it invalid under Alabama law.

The bottom line? Just because she signed the prenup the day before, without an attorney, and didn’t read it does not mean that the prenup will be thrown out! I mean, it makes sense, right? You can’t just *not* read a contract that you sign and then later use that as a defense as to why it should be thrown out! Plus, it’s not a requirement to have a lawyer for a valid prenup in Alabama, nor are exact values required for financial disclosure.

Brown v. Brown, 26 So. 3d 1210, 1216 (Ala. Civ. App. 2007)

Does a verbal promise and adultery overwrite a prenup? (Hint: No, it doesn’t)

In a more recent case (2022), a wife argued the prenup shouldn’t be enforced under several doctrines of equity (estoppel, unclean hands, and unjust enrichment). She argued enforcing the prenup would unfairly benefit the husband. She claimed he had been unfaithful and had verbally promised to always take care of her financially. She also quit her job to stay home with their kids because he promised to “take care of her” despite having a prenup that stated everything was separate.

The court disagreed with the wife. It noted that the verbal promise to take care of her was not enough to revoke the prenup. The promise was not of “definite and substantial character” so as to induce a party (her) to do something Here, the court essentially said that this promise wasn’t so strong that it induced her to quit her job.

The court also stated that if a prenup is otherwise established as valid, it will not be thrown out based on the parties’ misconduct, such as adultery. In other words, if you have a valid prenup, you can’t get it thrown out because someone cheated just because it’s unfair.

Bottom line? If you sign a prenup and then later quit your job relying on a verbal promise from your spouse to take care of you, get it in writing. And know that cheating won’t be a factor in determining whether your prenup is enforceable.

Ayers v. Ayers, 376 So. 3d 522 (Ala. Civ. App. 2022)

Alabama Prenup Articles

View All

Do I Need a Lawyer for a Valid Prenup in Alabama?

Ready to start your Alabama prenup?

Sign-up. Complete prenup. Get married.

Start Your AL Prenup