The “Neither of Us Wants It” Hook
In a simple, low-conflict divorce, plenty of couples agree that nobody pays spousal support. Good news: California lets you do exactly that. The catch is making the waiver stick
so no one can come back for support years later. Ava asked attorney Michael Benavides how to keep it clean.
Ava Asks, Michael Answers — Waiving Support, Plain English
Ava:
Can two people just agree that neither pays spousal support?
Michael, Esq.:
Yes. Spousal support belongs to the spouses, so in an agreed divorce you can both waive it. That’s a big part of what makes a simple divorce simple — take support off the table and there’s far less to argue about.
Ava:
If we waive it, is it really over?
Michael, Esq.:
Only if you word it right. A plain “no support for now” can leave the door open. To truly close it, your agreement should waive spousal support and
terminate the court’s power to award it in the future — often phrased as terminating jurisdiction over spousal support for both parties. That’s the language that makes it permanent.
Ava:
What happens if we skip that step?
Michael, Esq.:
If the court keeps jurisdiction, a former spouse can ask for support later if circumstances change — sometimes years down the road. Couples who thought they had a “clean” divorce are surprised by that. In a simple divorce, terminating jurisdiction is how you keep it genuinely done.
Ava:
Does the summary dissolution handle this automatically?
Michael, Esq.:
It does — a summary dissolution requires
both spouses to permanently give up spousal support, and that waiver can’t be undone once it’s final. In a regular uncontested divorce it’s not automatic; you have to build the permanent waiver into your written agreement on purpose.
Ava:
Can a support order ever be truly permanent if we don’t waive it?
Michael, Esq.:
Support you don’t waive is usually modifiable, and it normally ends automatically on the supported spouse’s remarriage or either party’s death. A written, mutual waiver with jurisdiction terminated is the cleanest way to make “no support” actually final.
Ava:
Is waiving support always the smart move?
Michael, Esq.:
Not always. If one spouse out-earns the other significantly or gave up a career, waiving support forever can be a costly, irreversible decision. Simple should never mean careless — it’s worth a look before you sign.
Ava:
First step for a couple who both want a clean break?
Michael, Esq.:
Put the mutual waiver and the jurisdiction-termination language in writing, make sure both of you understand it’s permanent, and confirm it fits your finances. Done right, it’s one signature that keeps the divorce simple for good.
What to Do
In a simple California divorce you can absolutely agree that no one pays spousal support — but a permanent result takes the right words: a mutual waiver and
terminating the court’s jurisdiction to award it later. Summary dissolution does this automatically; a regular uncontested divorce needs it written into your agreement. Make sure the waiver actually fits your situation before you sign. A free Stunning Law consult in Sacramento, Stockton, or Modesto makes sure your “no support” is truly final.
Stunning Law by Michael Benavides, Esq. — free consult | CA Bar No. 270714 | Sacramento, Stockton & Modesto | 707-362-4166 | attorneymichaelbenavides.com
ATTORNEY ADVERTISING. Stunning Law is a family-law content brand of the law practice of Michael Benavides, Esq., California State Bar No. 270714. Ava is an editorial brand voice, not an attorney; only Michael Benavides, Esq. provides legal analysis. General information only — not legal advice; no attorney-client relationship is formed by reading this. Authority referenced (Family Code §§3591, 3651, 4320, 4322, 4337; summary dissolution §2400 et seq.) is as of mid-2026 — verify before acting. Prior results do not guarantee a similar outcome.
