Can I waive spousal support in Virginia or DC?

Yes, in Virginia and Washington, DC, you can waive your right to spousal support (also known as alimony), and courts will enforce a properly drafted waiver. Because this decision is often final, it’s important to understand what you may be giving up before agreeing to a waiver.

When proceeding with a divorce, my goal for my clients is to resolve their matter outside of Court. In order to resolve a matter outside of Court, both parties need to sign an agreement (typically called a Marital Settlement Agreement or Property Settlement Agreement). If one or both parties want to waive their right to spousal support, that waiver must be clearly stated in the agreement to be effective. 

How spousal support waivers work

When a divorce is resolved by agreement, both parties sign a contract that outlines the terms of the separation. This agreement can address spousal support, in addition to any property division and/or custody.

A spousal support waiver typically needs to address two things:

1. All current claims for spousal support
2. Any future claims for spousal support

Reservation of the right to future spousal support in Virginia

In Virginia, a party may reserve the right to ask for spousal support in the future. If that right is reserved, Virginia law states a presumption for how long the reservation will last, based on the length of the marriage (50% of the length of time between the date of the marriage and the date of separation).

When a spousal support waiver becomes final

Once spousal support is waived in a valid, enforceable contract, that decision cannot be undone later — even if there’s a future change in circumstances for one of the parties.

A waiver of future alimony can also be enforced if it’s included in a valid prenuptial agreement. This is why it’s important to make sure you fully understand the long-term impact before agreeing to a waiver.

Get guidance before signing an agreement

Before signing any agreement that includes an alimony waiver, it’s wise to consult with an experienced family law attorney. A family lawyer can help you understand whether waiving spousal support makes sense for your particular situation.

Emily Baker is a partner at Tucker Family Law, serving clients in Virginia and the District of Columbia. If you have questions about spousal support or are considering an agreement, the family law attorneys at Tucker can help you understand your options and next steps.