Can alimony be waived in a divorce settlement?
Yes, alimony can be waived in a divorce settlement in North Carolina. This is often done when the settlement is agreed to by both parties and they come to a mutual agreement in which alimony is not necessary. When alimony is waived, this does not necessarily mean that one person does not have to provide financial support to the other. On the contrary, waiving alimony only means that the court will not order one party to pay alimony to the other. It does not mean that a settlement cannot be reached where one person helps the other financially. In North Carolina, one party may be eligible to receive alimony depending on the length of the marriage, the income level of the spouses, the amount of child support or spousal support one party will be receiving, and the property division agreement. If both parties come to an agreement in which one party will not have to pay alimony to the other, they can waive alimony and move forward. It is important to note that if the court finds that one party needs alimony in order to maintain a reasonable standard of living, they will order alimony and it cannot be waived. This decision is often made if one party has stayed home to take care of the children or if one party had a much higher income level than the other.
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