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What Are Alimony Waivers in New York?

Posted on : January 20, 2021, By:  Mary Katherine Brown
Brooklyn-Divorce-Costs

Alimony or spousal support is similar to child support, however, it’s designed to provide financial aid to lesser earning spouses leaving the marriage. Unlike child support, you can waive your right to seek alimony from your ex if you so choose. 

 

Here’s how to find out what is most likely in your best interests and where to get the legal help you need during difficult family legal matters. 

What Is an Alimony or Spousal Support Waiver?

 

A spousal support or alimony waiver can be issued if both parties agree not to pursue maintenance after the divorce is over. A court cannot order it if both you and your spouse are in agreement. 

Waivers In Prenuptial Agreements and New York Divorces

 

Initially, you may be provided with automatic alimony by the court overseeing your emergency divorce hearings, like child custody and support. If you’ve become the primary custodian of your child(ren), chances are you will receive an alimony award regardless. If you prefer not to continue receiving these funds, you can include your written support waiver in the final divorce decree. 

 

Before you do so, however, take into account the next few months and even years in the future. Are you confident you’ll have everything you need to live independently? If not, collecting support while you can may be in your best interests.  

Don’t Waive Alimony Before Considering These Factors 

 

Emergency alimony is sometimes awarded in divorce cases during the first hearing, when emergency child custody and child support are ordered. This is not maintenance you can decline or waive. However, you can waive your right to continue seeking financial support from your ex-spouse at the time the final divorce decree is issued by a New York court. 

 

Before signing on the dotted line, think about what spousal support can do to help your family get ahead after the end of your marriage. It’s not about winning or losing, but rather, allowing both parties to survive equally as well after the split. 

Call a Seasoned New York Family Law Attorney Today for More Information 

 

Regardless of whether you’re considering waiving your right to seek alimony or pursuing it to the best of your ability, our office can help. We work hard to ensure your best interests are protected and advocated for at all times during your divorce case. Call New York family and divorce lawyer Mary Katherine Brown today for a consultation at (718) 878-6886. 

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