When a couple decides to divorce, the court may determine that one of the spouses is entitled to spousal support or alimony. Typically, the spouse that earns less income can receive monthly payments or a lump sum payment from their ex-spouse to help them support themselves after the divorce.
However, not all divorces involve the issue of alimony. During their divorce mediation, pop superstar Adele, and her ex-husband, Simon Konecki, decided to waive the right to seek spousal support and agreed to joint physical and legal custody of their eight-year-old son.
Can I waive my spousal support?
Yes. In California, you may agree to waive spousal support in your prenuptial agreement. Those who agree to waive spousal support are generally able to support themselves financially, without any assistance from their spouse. However, this is not always the best course of action. Before agreeing to waive your support, you should consider what would happen if you had to give up your job during the marriage and whether you would be able to return to work if the marriage were to end.
If you are not open to completely waiving support, you may consider including a conditional provision in your prenuptial agreement that only allows spousal support to be awarded in certain circumstances. For example, the provision can specify that alimony is waived unless you become disabled or otherwise unable to return to work after the divorce.
Waiving spousal support may work for some couples but is not practical for others. Before you finalize your prenuptial agreement, you can discuss the idea of a spousal support waiver with your family law attorney to determine what is best for you.