July 22 . 1 min read
When a couple divorces in California, one of the most critical financial issues they may face is whether spousal support, also known as alimony, will be awarded. In some cases, one or both spouses may wonder whether spousal support can be waived entirely as part of their divorce settlement. While the law allows for flexibility in divorce agreements, spousal support waivers are governed by specific legal standards and should be approached with caution.
At Feak & Revelo, LLP, our San Jose family law attorneys guide clients through the complexities of divorce agreements, including the negotiation or potential waiver of spousal support. Understanding your rights and the limits of the law is essential when making long-term financial decisions.
What Is Spousal Support in California?
Spousal support refers to financial payments one spouse may be required to make to the other after a separation or divorce, typically ordered by the court. It is intended to help the lower-earning or non-earning spouse maintain financial stability, especially after a long-term marriage or when one spouse has been out of the workforce.
Support can be temporary (during the divorce process) or long-term (after the divorce is finalized). The amount and duration are influenced by multiple factors, including the length of the marriage, each party’s earning capacity, standard of living during the marriage, and contributions to the other spouse’s career or education.
Can Spousal Support Be Waived in a Divorce Agreement?
Under California law, spousal support can be waived, but there are significant limitations and considerations to be taken into account. Spouses may choose to waive their right to receive spousal support as part of a negotiated marital settlement agreement (MSA).
However, to be legally valid and enforceable, a waiver must meet certain conditions:
- The waiver must be voluntary and made with full knowledge of rights.
- Both parties must have adequate financial disclosures.
- The agreement cannot be unconscionable or grossly unfair at the time of enforcement.
Additionally, suppose the parties are waiving support through a prenuptial or postnuptial agreement. In that case, the waiver is more likely to be upheld if both parties had independent legal counsel when the contract was signed.
Why Courts Sometimes Refuse to Enforce Spousal Support Waivers
California courts prioritize fairness and equity in divorce settlements. If a judge determines that enforcing a spousal support waiver would result in severe financial hardship or is unconscionable due to changed circumstances, they may choose not to implement it, even if the agreement is otherwise valid.
For example, a spouse who waived support in a prenup may later become disabled or unable to work. If enforcing the waiver would leave that spouse without a reasonable means of support, the court may override it.
How Feak & Revelo, LLP Can Help
Our experienced family law attorneys at Feak & Revelo, LLP, take the time to thoroughly understand each client’s financial circumstances and goals. Whether you are seeking to include, waive, or contest spousal support in your divorce agreement, our team will guide you through the legal process with clarity and care.
We assist with:
- Drafting and reviewing spousal support provisions.
- Evaluating the fairness and enforceability of waivers.
- Representing clients in contested support hearings.
- Advising on post-divorce modification or enforcement.
Schedule a Consultation With Our San Jose Family Law Attorneys
If you’re considering waiving spousal support or negotiating a divorce settlement in California, contact Feak & Revelo, LLP at (408) 501-8883 or online today. Our trusted Santa Clara County family law attorneys will help you understand your rights and protect your financial future with thoughtful, strategic legal guidance.
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