Can I Fight a Prenup if I Signed Away Alimony?

 Posted on August 23, 2025 in Family Law

Many people sign prenuptial agreements with confidence, believing they are simply planning ahead. But divorce rarely unfolds exactly as anyone expects. If you signed a prenup that waived your right to alimony, you may now find yourself in a very different situation.

For example, people often have to give up productive careers to spend years as the primary caregiver to a sick or disabled child, or to support a spouse’s business. Suddenly, the financial independence you once assumed you would have is gone, and the prenup feels unfair.

As of August 2025, Illinois law still allows spouses to challenge prenuptial agreements under certain circumstances. Courts recognize that agreements made before marriage cannot always predict the realities of family life. Meet with our Orland Park, IL divorce attorney to learn more about what challenging a prenup might look like for you.

When Can a Prenup Be Challenged in Illinois?

Illinois prenuptial agreements are governed by the Illinois Uniform Premarital Agreement Act (750 ILCS 10). Under this law, a prenup may not be enforceable if:

• One party did not sign it voluntarily.

• The agreement was unconscionable when signed.

• A spouse did not provide fair disclosure of assets and debts.

• Enforcing the agreement would cause extreme hardship due to circumstances not reasonably foreseeable at the time of signing.

That last provision is especially important for people who signed away alimony. For example, if you thought you would remain employed but later became a full-time caregiver to a child with significant medical needs, the court may find that enforcing the waiver of alimony would cause you undue hardship.

Real-Life Scenarios That Lead to Prenup Challenges

Consider a Joliet mother who agreed to waive alimony in her prenup because she was a nurse earning a stable income. Ten years later, her child developed a serious disability requiring round-the-clock care. She left her job, and her spouse became the sole income provider. Enforcing the alimony waiver at divorce would leave her financially vulnerable, despite years of unpaid labor caring for their family.

Or think of an Orland Park business owner’s spouse who left her career in marketing to help run the family company. She signed away alimony, believing the business would provide for both of them long-term. When the marriage ended, however, she had little income of her own and no retirement savings. The court could find that enforcing the prenup would create an extreme hardship that was not foreseeable at the time of signing.

How Do I Prove My Prenup Is Unfair?

Proving that a prenuptial agreement is unfair requires more than simply saying you regret signing it. Under Illinois law, you must show that the agreement was unconscionable or that enforcing it would create extreme hardship because of circumstances that no one could reasonably have predicted at the time of signing.

This often involves demonstrating that your financial situation changed in ways beyond your control. You may need to show that your spouse did not fully disclose assets before the marriage or that you were pressured into signing without enough time to review the agreement. Judges weigh these factors carefully, looking at whether enforcing the prenup would strip you of basic financial security in a way that is unfair.

Contact an Orland Park, IL Divorce Attorney

If you are facing divorce and worried about a prenuptial agreement that waived alimony, you might still have options. A skilled Joliet, IL family lawyer can review your situation, explain your rights, and help you fight for a fair outcome. Call The Foray Firm at 312-702-1293 today to schedule a consultation and take the first step toward protecting your financial future while preserving your dignity.