Can alimony be waived in Connecticut?

Yes, you can absolutely waive alimony in Connecticut. Many couples choose to do this as part of their divorce settlement. However, it's one of the most significant financial decisions you'll make during your divorce process, and it's almost always permanent. Before you agree to give up your right to receive spousal support, it's crucial to understand exactly what you're agreeing to and what the long-term consequences are.

In Connecticut, a waiver of alimony isn't just a casual agreement between you and your spouse. It must be put in writing, reviewed by a judge, and incorporated into your final divorce decree. The court's primary concern is to ensure that the agreement is fair and that both parties are making a knowing and voluntary choice, free from pressure or coercion. This article will walk you through how alimony waivers work in Connecticut, the legal requirements, and the critical factors you must consider before making this irreversible decision.

Understanding Alimony and Waivers in Connecticut

Before diving into the process of waiving alimony, let's clarify what these terms mean in the context of a Connecticut divorce.

What is Alimony?

Alimony, also known as spousal support, is a payment from one spouse to the other after a divorce. Its purpose isn't to punish one spouse or reward the other. Instead, as outlined in Connecticut law, it's designed to help the lower-earning spouse maintain a reasonable standard of living and address economic disparities created by the marriage. When deciding whether to award alimony, the court considers many factors, including:

The length of the marriage
The causes for the divorce
The age, health, and station of each spouse
Each person's occupation, income, earning capacity, and education
The needs of each party
The division of property (C.G.S. § 46b-82)

Alimony can be temporary or long-term, and it can be modified later if there's a "substantial change in the circumstances" of either party (C.G.S. § 46b-86), unless the divorce decree says otherwise.

What Does It Mean to Waive Alimony?

When you waive alimony in Connecticut, you are formally and permanently giving up your right to ever receive it from your former spouse. Likewise, your spouse gives up their right to receive it from you. This is called a "mutual waiver."

This isn't a temporary decision. A waiver means that no matter what happens in the future—if you lose your job, become ill, or your ex-spouse wins the lottery—you cannot go back to court and ask for alimony. The door is closed forever. This finality is why the court takes the process so seriously.

Connecticut Law: The "Fair and Equitable" Standard

You and your spouse can't simply tell a judge you've agreed to waive alimony and have it automatically approved. The court has a legal duty to review your entire settlement agreement to ensure it is fair.

According to Connecticut General Statutes § 46b-66(a), when parties submit an agreement, "the court shall inquire into the financial resources and actual needs of the parties... in order to determine whether the agreement of the parties is fair and equitable under all the circumstances."

To make this determination, the judge relies on several key pieces of information:

The Financial Statement: Under the Connecticut Practice Book § 25-30, both parties must file a sworn financial statement with the court. This document details your income, expenses, assets (like bank accounts, real estate, retirement funds) and liabilities (like mortgages, car loans, credit card debt). This is the most important document in the financial part of your divorce. The judge will scrutinize these statements to see if a waiver of alimony makes sense given each person's financial picture.
The Settlement Agreement: The waiver must be clearly stated in your written settlement agreement. Vague language can lead to problems later, so it should explicitly say that both parties are waiving any claim to past, present, or future alimony and that this waiver is non-modifiable.
The Court Hearing (Canvass): At your final divorce hearing, the judge will ask you and your spouse a series of questions directly. This is called a "canvass." The judge will ask if you've read and understood the agreement, if you've had a chance to consult with an attorney, if you're signing it voluntarily, and if you understand that by waiving alimony, you can never come back and ask for it again. This is the court's way of confirming your decision is knowing and voluntary.

If the court finds the agreement is not fair—for example, if one spouse has no income or assets and would be left unable to support themselves while the other spouse is very well-off—it can reject the agreement. If that happens, the judge "shall make such orders as to finances and custody as the circumstances require" (C.G.S. § 46b-66(c)).

Step-by-Step: How to Formally Waive Alimony in Connecticut

If you and your spouse have decided that waiving alimony is the right choice for both of you, here is the typical process you'll follow:

Step 1: Reach an Agreement

The first step is for you and your spouse to agree that a mutual waiver of alimony is what you both want. This discussion often happens during negotiations, whether directly between the two of you, through lawyers, or with the help of a neutral third-party mediator. Mediation, authorized under C.G.S. § 46b-53a, is a popular, lower-conflict way for couples to resolve all issues in their divorce, including alimony.

Step 2: Draft the Settlement Agreement

Once you have a verbal agreement, it must be put into a formal, written settlement agreement (also called a separation agreement). The section on alimony should be crystal clear. A well-drafted clause might look something like this:

"The parties, having each filed a sworn Financial Statement with the court and having had the opportunity to consult with independent legal counsel, hereby mutually waive any and all claims for past, present, or future alimony or spousal support from the other. This waiver is absolute, final, and non-modifiable by either party for any reason."

Step 3: Complete and File Financial Statements

As required by Practice Book § 25-30, both you and your spouse must fill out, sign, and swear to the accuracy of your financial statements. You will exchange these with each other and file them with the court. This step is mandatory. The court cannot and will not approve your agreement without them.

Step 4: Submit the Agreement to the Court

Your signed settlement agreement is filed with the court along with your financial statements and other required divorce paperwork. The court will then schedule a date for your final, uncontested divorce hearing.

Step 5: Attend the Final Court Hearing

At the hearing, the judge will review your paperwork and conduct the canvass mentioned earlier. The judge needs to be confident that you both understand the permanent consequences of your decision to waive alimony in Connecticut. Be prepared to answer questions about your finances and your understanding of the agreement.

Step 6: The Judge Issues the Divorce Decree

If the judge finds that your agreement is fair and equitable and that your waiver is knowing and voluntary, they will approve it. The settlement agreement will be incorporated by reference into the final divorce decree. At that point, the waiver of alimony becomes a legally binding and permanent court order.

Critical Considerations Before You Waive Alimony

Waiving alimony is a final act with lifelong implications. It should never be done lightly. Here are some of the most important things to think about before you sign on the dotted line.

It Is Almost Always Permanent. This cannot be overstated. If you waive alimony, you give up the right to ask for it forever. A change in your health, employment, or financial needs down the road will not give you the right to reopen the issue.
The "What Ifs" of the Future. Consider the worst-case scenarios. What if you are laid off from your job in five years? What if you are diagnosed with a chronic illness that prevents you from working? Without the ability to request alimony, you will have to rely solely on your own resources and the property you received in the divorce.
The Trade-Off with Property Division. Often, a spouse agrees to waive alimony in exchange for receiving a larger share of the marital assets. For example, you might get to keep the marital home outright or receive a larger portion of a retirement account. This can be a fair trade, but you must do the math carefully. Is the value of the extra property you're receiving a fair substitute for potentially years of alimony payments? It's wise to consult with a financial advisor to analyze this trade-off.
The Importance of Independent Legal Advice. Even if your divorce is amicable, you should each have your own attorney review the settlement agreement before you sign it. An attorney's job is to protect your interests and make sure you fully understand the rights you are giving up when you waive alimony. They can help you analyze the long-term financial impact and ensure the waiver is truly in your best interest.
The Alternative: $1 Per Year Alimony. If you are uncertain about waiving alimony completely, you can agree to "$1 per year alimony." This is a legal tool that keeps the door open for modification. It doesn't mean anyone actually pays or receives a dollar. It simply preserves the court's jurisdiction to award a substantive amount of alimony in the future if there is a substantial change in circumstances. A full waiver does not allow for this.

Frequently Asked Questions About Waiving Alimony

Here are answers to some common questions people have about the decision to waive alimony in Connecticut.

What's the difference between waiving alimony and $1 per year alimony?

A waiver is a complete and permanent closure of the issue. You can never ask for alimony again. An award of $1 per year alimony is a placeholder. It allows either party to return to court and ask for a modification (an increase) if they can prove a substantial change in circumstances in the future, as permitted under C.G.S. § 46b-86.

Can I be forced to waive alimony in Connecticut?

No. A waiver must be voluntary and free from duress or coercion. If you feel you are being threatened, bullied, or pressured into signing an agreement, you must tell your attorney and the judge at your court hearing. The court will not approve an agreement if it believes one party was forced into it.

What if my spouse and I agree to waive alimony, but the judge disagrees?

The judge has the final say. If the judge reviews your financial statements and believes the waiver is not "fair and equitable," they can reject your agreement. This is most likely to happen in cases with a significant income gap where the waiver would leave one spouse in a precarious financial position. The court would then make its own orders regarding alimony and property division.

If we waive alimony, can we still get child support?

Yes, absolutely. Alimony and child support are completely separate issues. Child support is the right of the child, not the parent, and it cannot be waived by parents. Child support is calculated based on the Connecticut Child Support Guidelines and is governed by a different statute (C.G.S. § 46b-84).

Can I change my mind after signing an agreement to waive alimony but before the divorce is final?

It is very difficult, but not impossible. If you have signed an agreement but have not yet gone to court for the final hearing, you would need to immediately inform your attorney and the court that you wish to withdraw your consent. You would have to provide a compelling reason, such as proving you were under duress or that you did not understand the agreement. The judge would then decide whether to accept the agreement or schedule a contested hearing.

Does it matter who files for divorce when it comes to waiving alimony?

No. The legal standards and procedures for waiving alimony are the same for both the filing spouse (plaintiff) and the responding spouse (defendant). The court's focus is on the fairness of the agreement and the financial circumstances of the parties, not on who initiated the divorce process.

What happens if our agreement doesn't mention alimony at all?

Leaving alimony out of your agreement creates ambiguity and is not recommended. It could lead to future legal battles over whether the right to alimony was implicitly waived or simply overlooked. The best practice is to address it directly with a clear and explicit waiver clause.

Getting Help

Making the decision to waive alimony is complex, with financial and emotional layers. It's a choice that will impact the rest of your life. You do not have to navigate it alone.

Divorce Attorneys: An experienced Connecticut divorce lawyer can provide personalized advice, explain your rights, and review any proposed settlement to ensure it protects your long-term interests.
Mediators: A neutral mediator can facilitate a productive conversation between you and your spouse, helping you reach a mutually acceptable agreement on alimony and all other divorce-related issues.
Financial Advisors: A Certified Divorce Financial Analyst (CDFA) or other financial professional can help you analyze the financial trade-offs involved in waiving alimony versus accepting a different property settlement.

Conclusion

In Connecticut, you have the right to waive alimony as part of your divorce settlement. It can provide a clean break and financial certainty for both parties. However, this freedom comes with significant responsibility. The decision must be informed, voluntary, and documented correctly in a written agreement.

Remember the key takeaways:

A waiver of alimony is almost always permanent and non-modifiable.
The court must review and approve your waiver, ensuring it is "fair and equitable" based on your specific financial circumstances.
You and your spouse must file complete and accurate financial statements.
Never sign an agreement to waive alimony under pressure, and always consider seeking independent legal advice to fully understand the lifelong consequences of your choice.

By carefully considering all the factors and seeking professional guidance, you can make a decision that is right for your future.