Can alimony be waived in a divorce settlement?

Yes, alimony can be waived in a divorce settlement in Mississippi. In Mississippi, alimony is payable when a court finds that “one spouse is a dependent spouse and the other spouse is a supporting spouse”. In other words, if both parties to the divorce are financially stable, the court does not necessarily award alimony. In addition, the court may waive a request for alimony if both parties agree to waive it in a divorce settlement. The court will then enter an order waiving the alimony payments. If alimony is waived in a settlement agreement, either party can still ask for alimony at a later date if there is a significant change in circumstances for either party. However, before waiving alimony in a divorce settlement, both parties should consider any tax consequences of waiving alimony. In Mississippi, spousal support is considered taxable income for the receiving spouse and deductible for the paying spouse. Therefore, if the parties waive alimony, they may be forfeiting valuable tax benefits. In sum, alimony can be waived in a divorce settlement in Mississippi, but both parties should consider the financial implications of waiving it. The court will only enter an order waiving alimony if both parties agree to waive it.

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Can alimony be waived in a divorce settlement?

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