Legal Question in Family Law in Virginia
Support in event of disability
My fiancee and I are working on a premarital agreement with the guidance of our attorneys. Our remaining sticking point is the waiver of spousal support clause. My question is: Suppose one of us were to become mentally or physically disabled through illness or injury, and the other decides, ''That's it, I can't live with a cripple, I want a divorce, and you're on your own, sweetie''? What would be the disabled partner's rights in such a case? And how exactly is ''disability'' defined in such circumstances? Does it include substance abuse and/or other self-destructive behaviors? How can we clearly and unambiguously address this issue in our prenup without possibly opening ourselves up to ugly and painful litigation later?
Thank you.
1 Answer from Attorneys
Re: Support in event of disability
Since you and your fiancee are already working on your premarital agreement with the guidance of your attorneys, these questions should be addressed to them. Getting a third or fourth attorney will only cause confusion.
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