Question:
My wife and I are in agreement that neither one of us will pay alimony in our divorce.
Can we put these “no alimony” terms in our divorce settlement agreement?
Will a judge allow a divorce without any alimony payments?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska alimony laws where I am licensed to practice.
Many states have statutes and case law which govern divorce settlement agreements and the divorce decree, both of which can deal with alimony or spousal support.
Included in these laws may be a requirement that a finding be made that the agreement was entered into freely, knowingly and voluntarily. Further, the agreement cannot be found to be “unconscionable.”
In other words, so long as both parties are well aware of the right to be represented, neither party was forced into the agreement, and both parties have fully disclosed everything, a judge will likely approve the divorce settlement agreement, which states no alimony is requested by either party.
However, the agreement and final court order must comply with your state’s laws and local court rules in both the drafting and execution.
Divorce Resources:
I urge you to seek legal advice on divorce from a mens divorce attorney in your state to discuss your options, including whether your state’s divorce laws would allow such alimony terms in your marriage settlement agreement.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
