Can You Waive Spousal Support?
In many California divorce cases, one of the biggest issues between spouses is the payment of spousal support. Did you know that an individual can waive his or her right to alimony before the marriage even begins? If you would like to learn more about waiving the right to spousal support and whether this is a good option for your situation, you should talk to an expert in California family law. Call the office or call the Law Office of Bradley S. Sandler in Beverly Hills today to schedule a free consultation.
When Can Spousal Support be Waived?
Under California law, spousal support can be waived by a person prior to the marriage in a prenuptial agreement. However, there are specific requirements that must be met in order for an individual to waive or provide provisions to their right to alimony. The future spouse must have independent legal counsel at the time of signing the prenuptial agreement and the terms must be conscionable at the time of signing. If these requirements are met, spouses are allowed to determine support before the wedding.
Considerations Before Waiving Support
There are many considerations that must be made before deciding whether to request or acquiesce to a waiver of spousal support. One consideration is whether a spouse earns enough in a current job to be able to waive support and still maintain financial independence. Another is of personal beliefs, where an individual must consider if they are comfortable with the idea of receiving monetary support from a former spouse. Some people find the concept embarrassing or counter to the ideas of feminism. Finally, you must consider whether alimony can make up for any economic loss incurred as a result of the marriage, either by limiting job options or for the loss of career by leaving the workforce while the marriage is ongoing.
Alternatives to a Blanket Alimony Waiver
A couple may also want to consider alternatives to a blanket alimony waiver in a California prenuptial agreement. Provisions can be made in the contract that limit the amount or duration of spousal support that the court might not find unconscionable compared to a blanket waiver of support. For example, a couple might agree to alimony payments for one half of the duration of the marriage, or the prenuptial agreement might provide that alimony payments are only made to a certain monetary amount.
Another alternative to a blanket waiver is to include spousal support as an incentive for the marriage or if a triggering event occurs. For example, a spouse will waive alimony unless the marriage lasts for a certain length of time, or spousal support will trigger if a spouse reaches a certain age, incurs a disability, or a situation arises which renders the spouse unable to rejoin the workforce after the marriage.
Call the Office Now
To speak with an experienced California family law attorney about your legal options, call or contact the Law Office of Bradley S. Sandler in Beverly Hills today.