Spouses who are legally married must support each other for as long as they are married and both sides are alive. The best way to avoid paying alimony in the event of a divorce is to sign a prenuptial or postnuptial agreement.You can go to Family Court for a court order for spousal support. If the question is whether a spouse can waive his or her duty or obligation to pay spousal support, the answer is no. No, it is not mandatory that one spouse pay alimony or maintenance to the other after a divorce unless and until the court rules that this is required. What Kelly Clarkson's Divorce Teaches Us About Spousal Support. Click here for a Complaint for Divorce that you can fill out on the computer. Duration of the marriage: How long the couple was married or joined in a civil union? If alimony should be ordered; If you want to have a former name restored. "An award of alimony is based primarily on a spouse's continuing duty to support.