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Divorce Settlement Questions

Can alimony be waived?

Alimony can often be waived in a valid agreement, but enforceability depends on state law, disclosure, fairness, and the agreement wording.

Reviewed by SettleCompass Research TeamUpdated June 2026Educational content only

Spouses may waive alimony in a prenuptial agreement, postnuptial agreement, or divorce settlement. Whether the waiver is enforceable depends on state law.

Courts may consider financial disclosure, voluntariness, fairness, timing, and whether the agreement meets legal requirements.

A waiver can have long-term consequences, so it should be reviewed carefully before signing.

Related resources

Related FAQ

  • Is lump-sum alimony better than monthly payments?

    A lump sum can create certainty, but monthly payments may preserve flexibility. The better choice depends on risk, taxes, cash flow, and settlement terms.

  • Can alimony be paid in a lump sum?

    Alimony can sometimes be paid in a lump sum if both spouses agree or a court approves it under state law. Lump-sum support may provide certainty, but it can be harder to change later.

  • Can alimony be negotiated in mediation?

    Alimony can often be negotiated in mediation if both spouses are willing to discuss support terms. Mediation may address amount, duration, payment method, tax planning, modification, and enforcement language.

  • What is an alimony buyout?

    An alimony buyout is an agreement to replace future support payments with a lump sum or property transfer. It may create finality, but it requires careful valuation, tax planning, and clear legal drafting.

Educational use only. SettleCompass provides educational estimates only and is not a law firm or legal advisor. Results vary by jurisdiction, judge, and case facts. Consult a qualified family law attorney before making decisions.