Both spouses agree to waive (give up) their rights to alimony, or else they've executed
a written alimony agreement.
Not exact matches
Finally, you must attach the marital settlement
agreement (a
written agreement dividing your property and debts, resolving
alimony, establishing child support, custody and visitation, and settling any other issues in the marriage) as an exhibit to the petition.
In Alabama, the law requires that all prenuptial
agreements be in
writing and signed by the spouse who is giving up his or her rights as part of the
agreement, including the right to
alimony.
Given that South Carolina statutory law already provides that
alimony may be awarded to a spouse who commits adultery if a formal
written property or marital settlement
agreement has already been signed (S.C. Code Ann.
The South Carolina Supreme Court decision in Eason v. Eason, 384 S.C. 473, 682 S.E. 2d 804 (2009) corrects an obvious injustice, holding that a
written agreement between separated spouses to not use adultery as a bar to entitlement to
alimony is enforceable and not a violation of public policy.
The terms of a divorce
agreement should be memorialized in a «marital settlement
agreement» («MSA»), which is a
written contract between spouses that resolves most or all of the issues in their divorce, such as
alimony, child custody, child support, and the division of property and debts.
Alimony may also terminate upon a specific date, as provided in the
written divorce
agreement.