If your pre-nup waives alimony, it also waives attorney’s fees.
In Vakharwala v. Vakharwala, the Georgia Supreme Court reversed the trial court’s decision to award attorney’s fees to a wife under O.C.G.A § 19-6-2. This is the law that allows a party to be awarded fees when there is a great disparity in income or other resources, which would prevent the party without the resources to adequately defend him or herself. In this case, the trial court awarded the wife $60,000 in attorney’s fees.
The parties entered into a pre-nuptial agreement prior to their marriage. In the pre-nuptial agreement, the wife waived all rights to an award of alimony. An award of attorney’s fees is considered a form of alimony when awarded under the above statute. When the trial court enforced the parties’ pre-nup, it prevented all further requests for attorney’s fees under that statute.
It is extremely important to have an attorney review any proposed pre-nup prior to signing. Without such advice, you could be unknowingly waiving your rights.