Can Someone Waive Their Right to Ever Seek Alimony?

Alimony may become a contested issue during a couple's divorce.

Alimony, also known as spousal support, can cause significant strain on the budget of the ex-spouse required to make the payments. A waiver of alimony may provide relief to an individual who may otherwise worry about the obligation. Though a couple may agree to waive spousal support in a prenuptial agreement or in their divorce settlement, both parties should understand the effectiveness of the waiver and potential complications.

Waiver in Prenuptial Agreement

Some couples would like to establish legal and financial boundaries in advance of marriage. A couple may choose a prenuptial agreement, also known a premarital agreement, which can establish a waiver of future alimony in the event of divorce, but only if husband and wife specifically choose to include this type of provision in their agreement. The waiver may limit the amount of alimony or eliminate alimony altogether. To create a valid agreement, the couple must follow the legal principles of contract formation as well as relevant family laws required by their state.

Effectiveness of Prenuptial Agreement

Even when a couple waives future alimony in a prenuptial agreement, the waiver may not completely prevent one spouse from requesting court-ordered spousal support in the event of divorce, according to the American Bar Association. If the marriage leads to divorce, either spouse may attempt to overcome the previously signed prenuptial agreement. Challenge of a prenuptial agreement often entails legal proceedings, which may require representation by an attorney with expertise in defending or overcoming premarital agreements according to a particular state's laws. The court reviews the spouses' current circumstances and considers whether upholding the agreement would lead to an unfair or unconscionable result. Some courts may look at whether the spouse requesting alimony can support himself without it, while other courts consider whether the spouse would be unable to support a standard of living comparable to the one established during marriage.

Waiver in Divorce Agreement

When spouses end their marriages without a prenuptial agreement to limit alimony, they may need to negotiate spousal support during the divorce proceedings. Whether the court will require payment of spousal maintenance depends on the standards set by state law. The spouses may choose to negotiate their own settlement rather than allow the judge to make decisions on their behalf. They may agree to waive current and future alimony rights as part of their settlement. If either spouse does not voluntarily agree to the waiver, however, the court may need to decide the issue of alimony. A spouse may need to consult a divorce attorney to discuss her rights before agreeing to any waivers.

Finality of Divorce Agreement

If spouses waive alimony in their divorce agreement, one ex-spouse may want to change the settlement in the future. While some of the terms may be modifiable, a court may be reluctant to change established limitations on alimony. If one spouse committed fraud or deception when disclosing financial information to negotiate the settlement, the other spouse may be able to appeal or challenge the divorce decree. Whether an ex-spouse can challenge a divorce agreement to receive alimony depends on the specific laws of each state.

References

• American Academy of Matrimonial Lawyers: Prenuptial Agreements
• American Bar Association: Prenuptial Agreements
• American Bar Association: Alimony/Maintenance
• American Academy of Matrimonial Lawyers: The Divorce Process
• Lawyers: Can My Divorce Settlement Be Reexamined Due to My Husband's Financial Deception?

Resources

• Lawyers: Alimony
• Lawyers: Courts' Authority to Order Alimony