When you’re planning a wedding, divorce feels impossible. But if you’re considering a prenup with an alimony waiver, you need to think about what you’re giving up. At Turner Family Law, our Greenville alimony lawyers help South Carolina couples understand exactly what they’re agreeing to, both the benefits and the risks. This decision affects your financial security for years, so talk to a family law lawyer before signing anything.
Can Alimony Be Waived in South Carolina?
Yes, South Carolina allows these waivers under certain conditions. Waiving alimony means giving up your legal right to receive financial support from your spouse after divorce. Most people do this through a prenup before marriage, a postnup during marriage, or in their divorce settlement.
The state Supreme Court ruled in Hardee v. Hardee (2003) that prenups waiving alimony aren’t automatically unfair. But both spouses must disclose their finances honestly, the waiver must be voluntary, and it can’t be unconscionable. Courts won’t enforce waivers signed under pressure or when one spouse hides assets, as outlined in SC Code Section 20-3-130.
What Are the Benefits of Waiving Alimony?
For couples who are financially independent and plan to keep working, waiving alimony in a prenup makes divorce simpler and more predictable.
- Financial certainty: You will know exactly where you stand. There’s no uncertainty about whether you’ll pay support years into the future, no arguments about obligations, and clear expectations that both parties agreed to before marriage.
- Business protection: If you own a business, an alimony waiver removes one potential complication from a future divorce. Courts won’t scrutinize your business income and earning capacity, which makes divorce proceedings faster and less costly.
- Blended family protection: For second marriages, a waiver ensures assets and income flow toward your original family instead of a new spouse. Your estate remains available for your children from prior marriages, and you protect family business interests for the next generation.
- Clean break and psychological relief: You’re entering marriage without ongoing financial entanglement if things go wrong. This lets you focus on building a life together without financial anxiety about potential future obligations.
Waiving alimony can provide clarity, protect your assets, and simplify financial matters, making the divorce process more straightforward for both spouses.
What Are the Risks of Waiving Spousal Support?
Waiving alimony might seem appealing, but it carries long-term risks that grow as circumstances change. South Carolina courts have the power to override alimony waivers in certain situations, and that authority is more significant than many people realize.
No one can predict the future. A spouse who appears healthy and financially stable at 28 can later face serious illness, job loss, or industry disruption. One partner might leave the workforce to raise children, then struggle to re-enter. If enforcing an alimony waiver would leave someone destitute or reliant on government assistance, South Carolina courts have occasionally reconsidered such agreements.
Three Key Risks That Can Undermine an Alimony Waiver
- Timing Pressure: Signing an alimony waiver right before the wedding can make it look like you were rushed or pressured. Courts review the timing carefully, because last-minute decisions may suggest duress and put enforceability at risk.
- Permanence Without Flexibility: Alimony waivers are usually final. Unlike child support or custody arrangements, they generally can’t be changed later unless the agreement specifically allows modifications. This means you are committed to the waiver even if circumstances change.
- One-Sided Agreements: Judges check whether the waiver is fair. If one spouse gives up alimony while the other keeps most of the assets or business interests, a court may view the agreement as imbalanced and could challenge it.
Waiving alimony can simplify divorce planning, but it’s a decision with serious, sometimes irreversible financial consequences. Understanding the risks and consulting a South Carolina family law attorney is essential before signing any agreement.
When Should You Consider Waiving Alimony?
An alimony waiver makes sense in specific situations. If you’re thinking about it, you want to see yourself in most of these:
- Both of you are financially stable right now. Both have steady careers and similar incomes; neither would struggle if the marriage ended.
- You have similar education and career prospects. You have comparable degrees, work experience, and earning potential. There’s no big gap in your ability to support yourselves.
- The marriage is short. Waivers are more common in marriages of just a few years.
- You’re both staying in the workforce. Neither plans to leave the workforce for children or their spouse’s career.
- You have strong career stability. You have in-demand skills or a track record that makes you confident you can support yourself no matter what happens.
If most of these don’t describe your situation, think carefully before signing anything.
Talk to a South Carolina Family Law Attorney About Alimony Waivers
Waiving alimony can have long-term effects on your financial security, potentially lasting for decades. It’s not just a simple signature on a prenup or postnup; it’s a decision that could impact your ability to support yourself if life circumstances change.
At Turner Family Law, we walk you through your specific situation, explain what South Carolina courts look for in these waivers, and help you figure out if this decision protects you or puts you at risk. Contact us online today to talk with a South Carolina family law lawyer about your alimony questions.
