When one is heading for divorce; they need to find answers about spousal support. In many relationships, one partner is often worth significantly more than the other in strictly financial terms. It is common to find one spouse working in a high paying job while the other is taking care of the children back at home. In addition, one spouse can get wealth from their family or inherit it from a relative. The law governing family law seems complicated, in most cases, you will find the spouses who are not financially stable requesting the court to order the higher earning spouses to pay them monthly support. The essence of this article is to discuss whether one can waive their right to spousal support in Washington state.
In Washington, during a divorce, the marital estate is divided fairly between the two spouses. It is good to note that marital estate includes all income earned by a husband or wife during the marriage, all property acquired with a spouse’s income during the marriage, and any property acquired with joint or marital funds during the marriage.
The beauty about the family law is that the higher-earning spouses may have to pay the other spouses spousal maintenance. Spousal maintenance, also known as alimony can be likened to child maintenance support payments, however, in this case, they are meant to a spouse and not a child. Unlike child support, the parties to a marriage can agree to give up their right to receive spousal maintenance payments.
First and foremost, spouses can create pre and post-nuptial agreements as such agreements can go a long way in waiving the spousal support. It is a good idea for spouses to create the pre-and post-nuptial agreements since they outline what each spouse is entitled to in the event that the marriage should end. The beauty about the family law in Washington that governs divorce cases is that the court will allow a spouse to waive his or her right to support so long as the waiver is made knowingly, willingly, and without duress or intimidation. It is worth noting that both parties need to sign the waiver and must be made in writing. For the waiver to be valid, you also need to have a lawyer who will explain the agreement to the person signing up his or her rights, and the waiver should include a listing of each of the parties’ assets, debts, and income.
Both spouses need to see the waiver to be fair to both of them for it to be passed. It is the duty of the court to ensure both parties agree to the terms; this is vital to avoid the cases where one spouse is left with noting while providing the needs of the others.