You can include an intention to waive spousal maintenance, but a court will not enforce a waiver that would leave a partner in real need. So a complete, guaranteed waiver is not something a prenup can promise.
What a prenup can say
Many couples want financial independence, and a prenup can record that neither expects ongoing maintenance from the other. That intention is given weight, and in many cases — particularly where both partners can support themselves — it will be followed (see are prenups legally binding?).
Where the court steps in
The needs principle is the limit. If holding a partner to a maintenance waiver would leave them unable to meet their reasonable needs, a court can override it and order support anyway. A realistic approach — aiming for independence while not leaving anyone stranded — is far more durable than an outright waiver (see what to include).
Can a prenup waive spousal maintenance?
A prenup can include an intention to waive spousal maintenance, but a court will not enforce a waiver that would leave a partner in real need — so a complete, guaranteed waiver is not something a prenup can promise. Where both partners can support themselves, a recorded intention of financial independence is given weight and is often followed. But the needs principle is the limit: if holding someone to the waiver would leave them unable to meet their reasonable needs, a court can override it and order support anyway.
Related questions
Can you completely rule out maintenance in a prenup?
No — needs can override a waiver (see how spousal maintenance works).
Is a maintenance waiver ever followed?
Often, where both can support themselves (see are prenups legally binding?).
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UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.