A recent case in the Fairfax County Circuit Court demonstrates the risk involved when parties contractually agree that spousal support will not be modifiable.
The husband was earning $125,000 when he agreed to spousal support in the amount of $1,000 per month until the wife died or remarried—and that spousal support would be non-modifiable.
Ten years later, the husband lost his job and was only able to earn $25,000. However, his prior agreement led to what the Court called at “Dickensian” result; he is still bound by law to pay $12,000 per year to his former spouse, despite the near impossibility.
Read Court’s full opinion here: http://valawyersweekly.com/fulltext-opinions/files/2014/03/014-8-032.pdf