When one is heading for divorce; they need to find answers about spousal support. In most marriages, the chances are that one partner is financially stable than their counterpart. Due to the differences in the finances of the partners, one spouse may have secured a high paying job as the other stay at home with the children. Besides, one partner may enter into marriage with family money, or inherit wealth from a wealthy relative during marriage. It is a common thing to find the less earning spouse asking the court during a divorce case to order the higher earning spouse to pay the other 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. According to family law in Washington, 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 attained using joint or marital funds during the marriage.
Also, during a divorce case, the judge may order one spouse to pay the other spousal maintenance. Though the spousal maintenance is similar to child support payments, the former is paid to cater for the needs of a spouse while the latter aims at meeting the needs of a child. It is worth noting that the law also allows spouses to 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. However, for the waiver to be valid, it needs to be in writing, and must be signed by both parties. 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.
For the waiver to be passed, it needs to be fair and reasonable to both parties. The beauty about solving the spousal support cases in a court of law is that the court will not allow a person to be left with nothing.
5 Uses For Lawsuits
The Essential Laws of Attorneys Explained