In most states, marital agreements will only be enforced if they are fair and just. In determining the fairness of an agreement, the court will consider the following factors:
In virtually all states, although an agreement may be enforceable, certain provisions of the agreement may be modifiable if there is a change in circumstances or if it is against public policy to enforce the provisions of the agreement. The following are examples:
(i) If the payor’s income is significantly reduced, the payor may seek a reduction in alimony and child support. The reverse is also true. If the income of the payor increases, the payee may seek an increase if a justifiable need for an increase can be demonstrated;
In essence, matrimonial agreements are not iron clad; they can be subject to being set aside or modified under appropriate circumstances.
David Wildstein, Esq. has been practicing matrimonial law for more than 30 years. He heads the 12-member family-law department of Wilentz Goldman Spitzer P.A. in Woodbridge, NJ and New York City. He has been listed in Best Lawyers in America.