Will courts allow uncontested zero alimony?

democrattotheend · 2026-05-08T16:17:36+00:00

Yes. That was my mom (NJ) and the court signed off on the settlement.

vwaldoguy · 2024-09-13T12:48:06+00:00

Alimony can definitely be waived if they agree to it.

upvotersfortruth · 2024-09-09T08:38:29+00:00

Yes, either party may irrevocably waive their right to receive spousal support (providing it's knowing, voluntary, etc.) in every U.S. jurisdiction of which I'm aware. Where this becomes an issue is in prenups and postnups.

Child support, not so much depending on the jurisdiction, as it's technically a right of the children, not the parents.

DadVader77 · 2024-09-09T07:13:27+00:00

Moving to VA doesn’t matter because if you filed in CA that’s where your case is and that state laws will apply

Chaotic_Boots · 2024-09-09T04:20:21+00:00

Depends on the state, but yes.

mostlylovelyacct · 2024-09-09T03:33:42+00:00

I’m in California.. as long as it’s not obviously favorable to one party over the other is some way that could be dangerous to one of the parties… the judge will sign off on the deal.

Dependent_Lake_6780 · 2024-09-08T23:25:44+00:00

it will have to look like an equal share of community property is given to each party. Courts are obligated to keep things fair, regardless of pride. If she wants to give you back your alimony or allow you to "write the check" so it is not taken out of your paycheck, you can do that, but she an always go back to the courts and say you are not keeping up with it. Let the courts make the decision, but it sounds unlikely.

mr21vp · 2024-09-08T23:03:18+00:00

I'm in CA, going through an uncontested divorce, and our MSA was filed a month ago. No alimony requested by either party and the rights to contest it in the future are signed away

smooth-vegetable-936 · 2024-09-08T22:05:12+00:00

I live in Missouri. My x had all the pride stuff ur talking about. Uncontested divorce. I gave her a car, 45k and her accounts, she let me have the house, my retirement accounts, roth and 401k. My brokerage accounts and all my HYSA etc. I kept my brand new car. She kept on saying that she doesn’t want anything from me. But I had to show the judge that I’m giving her something. She even gave me full custody of my kids. No alimony. I’m responsible for my kids in every way. For the record, I wrote everything down on the application, all my accounts, brokerage etc but the judge never asked for the value or how much there were in these accounts bcs x wife clearly stated that she wanted out and didn’t want anything. Anyway, the judge signed after the 31 days holding period. After 18 months x wanted to be married to me again but I refused. What I’ve learned is that, the judge won’t argue with anyone if the parties r agreeing to everything.

pk2at · 2024-09-08T21:12:34+00:00

No, they won't enforce alimony. Any joint agreement is simply stamped

jimsmythee · 2024-09-08T21:09:21+00:00

The judges generally follow the divorce plan that the couple agree to.

However, if such a plan ends up leaving one person collecting benefits? Like welfare and section 8 housing, then the judge will reject it.

ageoffri · 2024-09-08T21:04:37+00:00

It depends. The judge may ask why your STBX doesn't want alimony with the goal to ensure she isn't being pressured into it. The judge in many if not most States has leeway to apply statute for alimony. Let's say you make $500,000 year and your STBX makes 50K, why would she agree to no alimony?

Also length of marriage. 2 years vs 20 years, big difference.

BanjoKfan64 · 2024-09-08T21:03:22+00:00

Idk for Cali..But if you both agree on everything and no one is contesting anything then I am sure they will just grant it...The Courts are only open Mon-Fri from 9-4...They don't have time to look through everything if both people agree.

NewPerformance7662 · 2024-09-08T20:56:48+00:00

My now XW didn’t request alimony. Since our salaries were close to the same my attorney also filed for no child support as well. Divorced was finalized a week ago and I get to keep the house until June 2027, no child support, 50/50 custody , no alimony. I call that a W in my book

Flashy_Yam967 · 2024-09-08T20:51:23+00:00

I wouldn't see why not. Alimony is one of the biggest reason I won't remarry and something I tell. People when they are thinking about gettting married. You can't prenup child support, but you can usual prenup alimony.

Title	Will courts allow uncontested zero alimony?
Author	Last_Act_8296
Upvotes	8
Comments	37
Date	September 8, 2024 8:39 PM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1fc7pc7/will_courts_allow_uncontested_zero_alimony/
Archive Link	https://theredarchive.com/r/Divorce_Men/will-courts-allow-uncontested-zero-alimony.1529851 https://theredarchive.com/post/1529851

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