When filing for a divorce or a legal separation in Orange County, it is important that your attorney explains to you the consequences of expressly waiving spousal support in the final judgment of your case. An experienced Orange County family law attorneys of Wallin & Klarich will provide you with the proper legal advice when it comes to the issue of spousal support.
In your divorce or legal separation, your judgment can incorporate the spousal support terms of your marital settlement agreement. If, in the settlement agreement, you and your spouse expressly waive spousal support and specifically state that the termination of support shall not be modifiable by the parties or the court, you, your spouse, and the court cannot modify the spousal support order after the final judgment in your case has been entered. You and your spouse have forever relinquished your rights to any spousal support, and the court loses its jurisdiction to make any orders regarding spousal support.
Of course, there are exceptions. The court may set aside the spousal support terms of your marital settlement agreement if the agreement was entered by one spouse through fraud or duress. However, generally, once the parties’ marital settlement agreement has been incorporated into the final judgment, the terms of that settlement agreement will be upheld. Although you and your spouse agree to waive spousal support, if you want to modify the terms of your judgment, make sure to include a clause the reserves the court’s jurisdiction over the issue.
When entering into a marital settlement agreement, it is important that your lawyer explains fully and completely the agreement, as well as the consequences you may face in the future. Wallin & Klarich has experienced Orange County family law attorneys who can help you with your spousal support issues. If you have questions or concerns about your case, call us today at 888-749-7428 to speak with a lawyer.