Can a spouse waive alimony?
Can spousal support be waived? Unlike child support that cannot be waived, spousal support can be waived by agreement between the parties, terminating the court’s ability to award spousal support based on any circumstances in the future.
What is a spousal support waiver?
An alimony waiver means that you and/or your spouse agree that no award of support, maintenance or alimony will be made by the Court at the time of the divorce. If you waive alimony at the time of your divorce, you are also waiving any claim for past or future alimony.
What should be included in a divorce settlement agreement?
What you call it doesn’t really matter. The purpose of a divorce settlement agreement is to memorialize any agreements reached between divorcing (or separating) spouses as to child custody, child support, alimony (also referred to as “spousal support” or “maintenance”), and the division of property.
Can a spouse waive their retirement plan during a divorce?
Sometimes during divorce, the parties will agree that one spouse will forever waive his/her interest in the other spouse’s retirement plan. Often this is done as part of an equalization of property, other times the parties simply agree that they will each keep their own retirement plan.
How is a waiver in a divorce not always effective?
One example of how a waiver in a divorce settlement agreement is not always effective is from the Supreme Court case of Kennedy v. Dupont, 129 S.Ct. 865 (1/26/2009) . In that case, the parties had a valid divorce decree which stated that the Wife would not receive any interest in the Husband’s retirement benefits.
What do you call your spouse in a divorce agreement?
If you are a heterosexual couple, you may prefer to be called “husband” and “wife” throughout the agreement. You can also simply use your legal names. Some couples may use designations such as “Spouse A” and “Spouse B,” but this can often get confusing.
Sometimes during divorce, the parties will agree that one spouse will forever waive his/her interest in the other spouse’s retirement plan. Often this is done as part of an equalization of property, other times the parties simply agree that they will each keep their own retirement plan.
What you call it doesn’t really matter. The purpose of a divorce settlement agreement is to memorialize any agreements reached between divorcing (or separating) spouses as to child custody, child support, alimony (also referred to as “spousal support” or “maintenance”), and the division of property.
One example of how a waiver in a divorce settlement agreement is not always effective is from the Supreme Court case of Kennedy v. Dupont, 129 S.Ct. 865 (1/26/2009) . In that case, the parties had a valid divorce decree which stated that the Wife would not receive any interest in the Husband’s retirement benefits.
Can a prenuptial agreement take place of a waiver?
A prenuptial agreement can’t take the place of a waiver; the law says the spouse (not soon-to-be-spouse) must sign. A spouse who does sign a waiver can withdraw that consent if the other spouse later names a different beneficiary, unless the signing spouse expressly gave up that right.