Texas residents have probably heard that the divorce of actress Kaley Cuoco and her husband became official May 6 after nine months of negotiations. Details of the settlement include Cuoco agreeing to pay her former husband $165,000 in two separate installments in addition to paying legal fees of up to $55,000 related to the divorce. She also agreed to pay $10,000 for other outstanding legal fees.
However, she will not pay any ongoing support according to the divorce settlement. There was no mention of whether the couple had any children, and the couple did have a prenuptial agreement to base the settlement figures on.
When a couple gets divorced, many methods may be used to divide property or negotiate support payments. In some cases, a prenuptial agreement may outline how property is divided or whether one party is entitled to spousal support. An attorney may help review the document to ensure that it is valid and that it was agreed upon by both parties without any undue pressure. In the event that the agreement is declared to be invalid, state law may guide further settlement negotiations.
State law may declare that property is divided in an equitable manner if not a true 50/50 split. For instance, one person may get a marital home while the other gets the majority of a 401(k) that was created and paid into during the marriage. While a prenuptial agreement cannot override state law regarding child custody, a couple with children may be able to negotiate a parenting plan on their own.