Changing mind about spousal support after the divorce

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I've been married for 3 years. I sponsored my wife and daughter from a first marriage who are both permanent residents. We have agreed to an uncontested divorce that has been recently filed. Currently she has stated she wanted no spousal support. What are my obligations? Can she change her mind once the divorce is finalized.

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Jennifer M. Long, B.A. J.D.

9 years ago

If your wife were to try and make a claim for spousal support she would first need to establish an entitlement to support, either on a needs basis or compensatory grounds. If she is able to establish entitlement, the amount and duration of spousal support will need to be assessed based on your respective incomes, the length of your relationship, and the age of your child, amongst other factors.

If your wife has indicated that she does not want spousal support, an agreement containing a spousal support release should be prepared wherein you both waive any right to spousal support, now and in the future. This would be far better than just obtaining a simple divorce since your wife could still seek spousal support after the divorce was granted. A separation agreement with a full and final release of spousal support is highly recommended. I recommend that you speak with a lawyer in greater detail about your situation.

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