For donations Click Here

Waiver of Spousal Support

A couple have received their secular divorce in the State of California. In the stipulated judgment there’s clause where the wife waived forever all forms of “Spousal Support.” She got her Get and no Ketubah was claimed or paid. She is now claiming her Ketubah. The question is, “Has she already waived her right to Ketubah payment as a result of signing her divorce decree where she has already given up any claim to “Spousal Support?” There is immediate need for a response. Kol Tuv.

Answer:

Her waiving her rights to spousal support does not waive her right to the Ketubah.

The Ketubah is not a form of spousal support, which refers to a monthly income that allows the divorced spouse to live on for the future. Rather, the Ketubah is a one-time fee that was enacted so that “it should not be a light matter for him to divorce her.”

Therefore, it appears that the Ketubah will not be included in the waiver, which refers specifically to the support mechanisms known in secular law. There is thus no problem for her to claim it.

Best wishes.

 

Leave a comment

Your email address will not be published. Required fields are marked *