Alimony, sometimes referred to as spousal support, is intended to provide financially for the lesser earning spouse during the process of divorce and for a period of time following the final divorce decree while they learn to live independently.
Alimony is one of the most contentious issues in a divorce, however, it can also be waived. Is this something you should consider? Here’s what you should know.
How Can You Waive Alimony?
You can waive spousal support or maintenance during your divorce by drawing a formal written agreement that neither of you will pursue alimony following the finalization of your divorce decree.
Is Alimony Waived In a Prenup or Divorce?
You can waive alimony one of two ways: in a prenup or postnuptial agreement or at the time your final divorce decree is issued. In some cases, the lesser earning spouse is awarded with spousal support automatically during the intial emergency hearing to handle critical matters of the case, like child custody and support.
If you wish to waive your right to seek continued alimony once the divorce is final, simply work with your attorney to include a formal waiver in your divorce decree.
What to Know Before Waiving the Right to Seek Alimony
If you are financially stable and able to live independently without the need for spousal maintenance, you may be tempted to waive the right to obtain alimony. It may feel like you still “need” your spouse and you’re not truly free of them. While you may be awarded emergency alimony during the initial stages of your divorce, you can decline the receipt of ongoing support when your divorce decree is issued.
Before doing so, however, it’s critical to consider how not having those funds could impact you as you regain your footing and learn to live independently. It may be in your best interests to collect support while you can.
How a Seasoned Family Law Attorney Can Help
An experienced family lawyer can assist you in either waiving your right to spousal support or aggressively protecting your right to collect alimony as you work to gain your independence after the dissolution of your marriage.
Contact T. Martin Knopes today for more information about protecting your right to waive or not waive alimony at your discretion by calling (850) 683-0700. Our experienced team of family legal professionals are available now to help provide you with the advocacy you need.