Should I Waive Alimony or Child Support in a Divorce?

Many people want out of their marriages but are scared to divorce due to the nastiness that is often involved. There is often a lot of tension involved, especially when alimony and child support are involved. People don’t typically like paying these ordered amounts, but they are often required by the court if one party will struggle financially after a divorce.
Still, alimony in particular evokes strong feelings. Many people feel that once they divorce, they should be able to sever their financial ties with their ex-spouse. So in order to avoid contention, some people wonder if they should waive alimony or child support in a divorce.
You may want to keep the peace in your divorce, but what you ultimately decide should depend on logic, not emotions. And there are a lot of emotions a person may feel about child support and alimony, such as independence, fairness, self-worth, and closure. In any case, here are some guidelines to consider.
Should I Waive Alimony?
Not everyone is entitled to alimony, but some people sacrifice their careers to raise children or help out their spouses in their careers. This means some people are not as financially independent as others.
In addition, alimony is more likely in long-term marriages. Were you married for at least 10 years? Also, does your spouse have the ability to pay? A judge is more likely to enforce alimony if the payer is a high earner with a stable income.
Are assets being divided fairly? Could you maybe waive alimony for a better division of assets? Also, is there a prenuptial or postnuptial agreement involved? If so, that will ultimately determine the financial settlement.
Should I Waive Child Support?
Child support is dictated by state law and the courts rarely allow it to be waived because it is in place to help care for the child. The child’s best interests will always prevail in court.
With that said, there are some ways to reduce your ex’s liability if you think paying child support could be contentious. Here are some questions to ask yourself:
- Do you and your ex make the same amount of money? Could you provide for your children on your own or would you need assistance?
- How do you expect to share parenting time? Are you splitting it 50/50? Will your ex have the majority of custody? If so, then maybe you can negotiate on a lower child support amount.
- Will your ex contribute financially in other ways? For example, will they pay for medical expenses or extracurricular activities?
Seek Legal Help
While child support is not typically waived, alimony can be. But it needs to be the right choice for your situation. The law allows it, so you need to look at things logically and not use emotions to guide your post-divorce life.
Alimony comes with strong feelings. Fort Lauderdale alimony lawyer Edward J. Jennings, P.A. can represent your interests regarding the many different kinds of alimony that can be awarded in a Florida divorce. Schedule a consultation today to learn more. Fill out the online form or call 954-764-4330.
Source:
psychologytoday.com/us/blog/a-better-divorce/202503/should-i-take-or-waive-alimony-or-child-support-during-my-divorce