If you and your spouse agree that it’s time to move on, you may be hoping to get through your divorce without a drawn-out court battle. But then someone asks about spousal support.
Do you have to pay it? Can you waive spousal support in a Virginia uncontested divorce?
In Virginia, spouses can agree to waive spousal support. However, before you put that agreement in writing, you need to know what that waiver means and whether it could affect you down the road.
Waiving Spousal Support
Spousal support is financial support that one spouse may pay to the other during separation or after divorce.
But not every divorce involves spousal support. Some couples have similar incomes, while others have agreed on a financial arrangement that works for both. In those situations, neither spouse may feel that ongoing support is necessary.
If you decide to waive spousal support, you give up the right to receive those payments under the terms of your agreement. That may be the preferred choice for your situation. However, the key is to understand what you’re agreeing to before you sign anything.
How Do You Waive Spousal Support in Virginia?
In these cases, spouses can use a written property settlement agreement. This agreement can cover everything from dividing assets and debts to deciding whether either spouse will receive support.
If you both agree to waive spousal support, your agreement needs to address that. You don’t want to assume you have settled the issue only to discover that the language leaves room for disagreement.
In other words, you can work out these details between yourselves, but how you put the agreement together is important. Make sure the spousal support agreement has clear language to help prevent confusion about whether support has been waived, reserved for a later decision, or addressed in some other way.
Can You Change Your Mind?
While you might feel comfortable waiving support now because you’re working, your expenses are manageable, and you’re ready to start fresh, that is not always the case.
What happens if you lose your job six months from now? What if an unexpected expense or another major life change makes it harder to cover your bills?
Unfortunately, you should not think that you can go back to court and ask for spousal support if your circumstances change. This will all depend on the waiver’s wording and Virginia law. An agreement that gives up the right to future support can limit your options. That is why it’s important to understand the consequences before making the final decision.
If you’re unsure whether waiving support is in your best interest, reach out for legal advice before signing.
Do You Have to Waive Spousal Support to Get an Uncontested Divorce?
No. An uncontested divorce does not mean you have to give up spousal support. You don’t have to choose between an uncontested divorce and receiving spousal support. Depending on your situation, you may be able to agree on payments for a specific period or another arrangement that works for both of you.
Virginia law has the option for different types of spousal support arrangements. You can choose what makes sense based on your incomes, financial needs, the length of your marriage, and the terms you and your spouse can agree on.
The point is that you have options. Before deciding that waiving support is the easiest way to finish your divorce, make sure you’ve considered whether it’s the right choice for your future.
What Should You Consider Before Signing?
When you’re ready to put your marriage behind you, it can be tempting to sign the paperwork and get everything over with. But a property settlement agreement can affect your finances long after your divorce is final. Before agreeing to waive spousal support, take time to consider:
- Your financial situation
- Your future needs
- Your overall settlement
- The wording of the agreement
You should also make sure you know the difference between waiving support and leaving the issue unresolved. Those choices can have very different consequences.
Get Guidance Before You Make It Final
So, can you waive spousal support in a Virginia uncontested divorce? Yes. Spouses can agree to waive support, but the agreement needs to reflect their intentions and comply with Virginia law.
If you’re preparing for an uncontested divorce in Virginia, AC Rieman Law can make sure your property settlement agreement addresses every aspect of your life, including spousal support. Schedule a consultation today.