Yes. Separation agreements can fix spouses’ rights and obligations to spousal support. Spousal support is usually what people think of when they hear the words “separation agreement." The agreement will be subject to judicial review in most states. Be aware, that a spousal support agreement or clause within a separation agreement can be set aside if it fails to meet the requirements for a valid contract, or if the spousal support is totally inadequate according to the financial circumstances.

Yes, you can waive spousal support, so long as the waiver is knowing and intentional, and there is a full disclosure of all assets and income (typically with a signed financial affidavit or income and expense statement). You may not waive spousal support if it would mean that you would be impoverished or you would become a public charge (collect welfare). The court will look out for the spouse who deserves or needs support just as they look out for the children when it comes to child support.

An example may help: suppose that your ex-husband is ordered to pay you $500 a month in support. He fails to make these payments, and soon is in arrears to the tune of $10,000. You would be able to obtain, under the laws of your state, a QDRO that would order the arrearage be satisfied by means of a garnishment of your ex-husband’s pension plan.