In order for alimony to be waived in the event of a divorce without dispute, it must be brought up and agreed to in a prenuptial agreement. Both spouses usually have a right to alimony, but that right does not always need to be exercised. If you and your spouse can agree that neither of you will seek spousal support in the event of a divorce, then that can be stipulated in the prenuptial agreement. However, a judge reviewing the prenuptial agreement must determine that it is fair in order for it to be valid and enforceable.
The issue of alimony can be settled in the prenup. It can devise a schedule for how much is to be paid, in a specific payment form, on a specific date. Or, the spouses can agree that there will be no spousal support and waive alimony altogether. In either instance, they are avoiding a potentially long and expensive dispute over spousal support.
The only time this will not work is if the result of no alimony will leave one of the spouses destitute, or severely without funds. As stated above, the issue of fairness is also considered with any prenup, and if the result of the enforcement of the prenup is that one spouse is more than financially stable for themselves, while the other is literally on the verge of homelessness, they may overturn the alimony provision of the prenuptial agreement. Some spouses cut their career short for the sake of the marriage, sometimes to start a family, and this provision can be deemed unfair in this scenario, because of the impact that leaving the work force had on their career.
If you need assistance with drafting or updating your prenuptial agreement, visit www.divorcelawyersnyc.org.