Georgia spouses can waive the right to modify alimony, but only in very clear words that refer to that right.
The Varn Rule
In Varn v. Varn, 242 Ga. 309 (1978), the Georgia Supreme Court held that, for agreements made after November 23, 1978, the right to modify alimony “will be waived by agreement of the parties only in very clear waiver language which refers to the right of modification.” No particular words are required, but this clause “will be deemed to comply”: “The parties hereby waive their statutory right to future modifications, up or down, of the alimony payments provided for herein, based upon a change in the income or financial status of either party.”
A waiver binds even in hard times. In Naar v. Naar, 350 Ga. App. 21 (2019), the Court of Appeals held a Varn waiver barred an 88-year-old retiree’s petition to modify his $2,000 monthly alimony, though he lived on $2,953 a month.
Wording That Does Not Waive
In Brenizer v. Brenizer, 257 Ga. 427 (1987), a clause allowing changes only “by mutual consent and agreement of the parties, expressed in writing” did not “refer to the right of modification of alimony, or to any waiver of that right,” so the Supreme Court reversed the dismissal of a former husband’s modification petition.
In Nelson v. Mixon, 265 Ga. 441 (1995), a waiver of the “right to petition for any modification of any of the terms of this agreement” did not bar a father’s petition to lower child support, because “mere reference to ‘the right to petition for modification’ does not meet the specificity requirements” of Varn. Varn governs waivers of the right to modify child support, Dean v. Dean, 289 Ga. 664 (2011), but under Nelson only the paying parent’s right to seek a reduction can be waived, as our post on waiving child support explains.
The live-in-lover waiver has its own post.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!