Under what condition might an agreement be set aside due to an impoverished spouse?

An agreement can be set aside due to an impoverished spouse under the condition that it leaves that spouse dependent on state support. This reflects a key principle in family law, which seeks to ensure that both parties are treated fairly and adequately cared for post-divorce. If an agreement is determined to create a situation where one spouse cannot meet their basic needs without relying on public assistance, it may not be enforceable.

The rationale is grounded in the legal system’s commitment to protect individuals who may be at a disadvantage or vulnerable due to financial circumstances. Supporting a spouse's financial stability is critical in divorce proceedings, and courts are inclined to intervene when an agreement perpetuates financial hardship to the extent that it necessitates reliance on state benefits.

Other options do not align with the legal principles governing divorce agreements. A spouse's unhappiness with terms alone does not warrant setting aside an agreement; dissatisfaction must stem from more substantial legal inadequacies. Moreover, the timing of the agreement relative to the divorce, while relevant, is not automatically grounds for dismissal unless it can be shown that the agreement was unfair or coercively obtained. Finally, mutual agreement to revisit terms does not constitute a basis for setting aside, as party consent is foundational to the enforceability of agreements,