Waiver of Alimony – Spousal Support
Alimony is a painful reality that no one wants to face. Imagine the man who the court has removed from his house and ordered to continue paying the mortgage and other expenses. In addition he is likely paying alimony and child support. When he arrives at his former home to pick up his kids on Saturday he sees his ex-wife in the front yard with her new live-in boyfriend and she is handing him money to go to the market. (no doubt he will pick up some beer at the market along with the few basis the ex-wife has requested) Such a scene would strain the composure of even the sanest people, but it is all too common, and even if we haven’t had this experience ourselves we likely know of someone who has.
Both the Intended Husband and the Intended Wife waive any and all rights to spousal support now and in the future and understand that such waiver is final and that neither party may ever in the future petition any court for spousal support as a result of their marital or non-marital relationship. The parties’ acknowledge that except for this agreement, the court would ordinarily reserve jurisdiction indefinitely over the subject of spousal support for each party in a marriage of ten or more years. The Intended Wife and the Intended Husband do hereby declare that each is able to support themselves independently of the other for the rest of their lives, evidenced by having done so prior to the anticipated marriage of the parties.
In conformance with section 6 part 2 paragraph (iii) sub-section(b) of the Uniform Pre-Marital Agreement act which reads: If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. Therefore the parties’ hereto do hereby agree to conform to this standard without requiring a court to order same.