Can alimony be waived in a divorce settlement?
In Texas, alimony can be waived in a divorce settlement depending on certain conditions. Alimony, or spousal support, is sometimes awarded as part of a divorce settlement to help maintain the standard of living of a spouse after a divorce. Alimony may be waived or agreed to a different amount in the divorce settlement negotiated by both parties. However, any agreement made between the parties must still be approved by a court in order to become valid. Additionally, agreements that waive alimony may be enforceable only if both parties’ waiver is in writing and if both parties have entered into it voluntarily. If the court finds that one spouse was unfairly coerced into waiving alimony, the waiver may be declared void. Furthermore, a spouse may also be able to be awarded alimony even after waiving it in a settlement if the circumstances have changed substantially after the settlement, such as the spouse’s earning ability decreasing significantly. Therefore, it is possible for alimony to be waived in a divorce settlement in Texas, however, certain conditions must be met for the waiver to be valid and enforceable. It is highly recommended for both parties to consult with an experienced attorney in order to ensure that their rights are protected throughout the process.
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