Caution: Waiving spousal support could have far-reaching consequences under FL 4320

From time to time, as a divorce finalizes, people sometimes waive their right to collect spousal support at a future date, based in part because they do not need support at that moment in time.

This can be a financially devastating mistake when life, in its various wondrous and difficult facets, hands us a change of circumstances down the road. BPR recently won a very difficult arrearage case when, upon review of a 6-year-old judgment, we determined that our client had “reserved”, rather than waived, spousal support. His circumstances had changed, due to PTSD caused by work-related violence, and he could no longer pay the obligations that arose from his divorce judgment. Facing nearly $30,000 in arrearage debt, we filed a post-judgment spousal support motion under FL 4320, and in one court appearance, the arrearage matter was dropped and permanently settled.

If you are encountering financial hardship after a divorce or considering finalizing your divorce judgment, we will be happy to consult with you about this specific and sometimes tricky issue. Please call the professionals at the Law Firm of Beyer, Pongratz and Rosen for further information.