Rivera v. Rivera

New Mexico Court of Appeals held that prenuptial waivers of spousal support are unconscionable as a matter of law — a state-specific carve-out from the UPAA framework.

Why this case matters

Rivera is the most important New Mexico prenup case because it defines what cannot be waived. For any couple considering a New Mexico prenup, knowing the support-waiver carve-out is essential — it changes what the contract can realistically accomplish.

The facts

A few days before a Hobbs, New Mexico wedding, the parties signed a prenup drafted by the wife's attorney. The husband, who had limited English proficiency, declined an offer to have the document interpreted. At divorce, the husband challenged the prenup's alimony waiver.

The holding

The New Mexico Court of Appeals held that a prenup waiving a spouse's right to spousal support is unconscionable as a matter of law, because it violates the public policy expressed in NMSA §40-3A-4(B). Unlike most UPAA states, New Mexico will not enforce alimony waivers in prenups regardless of disclosure, counsel, or voluntariness.

What it means for you

• New Mexico does NOT permit prenup waivers of spousal support — the most important state-specific carve-out for NM readers.
• This applies even when the disadvantaged spouse had counsel and disclosure.
• Property provisions in a New Mexico prenup are unaffected — only the support waiver is severed.
• Drafters should not include support waivers in New Mexico agreements; they're unenforceable.

Primary source

The full opinion is available at: https://law.justia.com/cases/new-mexico/court-of-appeals/2010/f580-f6d1-f825.html

New Mexico prenup law in context

New Mexico prenups are governed by N.M. Stat. Ann. §§40-3A-1 to 40-3A-10 — official statute text. For the full cost breakdown, attorney rate ranges, and procedural requirements, see the New Mexico prenup cost guide.

To check whether your specific situation has the kind of risks Rivera v. Rivera identifies, take the 60-second prenup quiz — it applies New Mexico-specific rules to your answers.

A note on legal citation

This page summarizes a published court opinion for educational purposes. We aim for accuracy but recommend reading the primary source linked above for the controlling text. Court opinions can be modified, distinguished, or overruled by later decisions; for current law, consult a family law attorney licensed in New Mexico.