If you are currently going through divorce in Georgia, or considering Georgia divorce, it is likely that you have become familiar with the phrase "Varn waiver." Although you may have become familiar with this phrase either through research or through consultation with attorneys, the meaning behind this phrase may remain a mystery.
A Varn waiver simply refers to the waiver of alimony in divorce. Unlike child support, which may not be waived by the parties to a divorce action, the right to seek alimony may be waived by one or both parties to a divorce action. When one or both parties waives the right to seek alimony, the section of the Marital Settlement Agreement detailing this waiver is referred to as a Varn waiver. These waivers are referred to as Varn waivers, because the Georgia Supreme Court opinion that allows for such a waiver is Varn v. Varn, 242 Ga. 309 (1978).
It is important to fully contemplate the consequences of including such a waiver in a settlement agreement, because the inclusion of such a waiver will permanently waive the right of either party to receive alimony or to seek a modification of alimony should alimony be awarded. The inclusion or exclusion of a Varn waiver could have significant financial consequences, therefore it is advised that you contact one of Meriwether & Tharp's knowledgeable divorce professionals if you have any questions regarding this matter.