It is common to find spouses who want to divorce inquiring 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. The source of wealth could be from a family or from wealthy relatives. 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. When you want to understand more on family law; you should consider reading this article to the end since it discusses whether a spouse can waive their right to spousal support in Washington state.
It is worth noting that regardless of a spouse’s financial situation, Washington is a community property state, which means that the marital estate is split fairly between the two spouses in the event of a divorce. 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.
The beauty about the family law is that the higher-earning spouses may have to pay the other spouses spousal maintenance. If you are finding it hard understanding the spousal maintenance; you can compare them to the child support payments; however, the difference here is that the spousal maintenance are directed to spouses, unlike the child payments which are paid to cater for the needs of a child. According to family law, a spouse can agree to give up their right to receive spousal maintenance payments.
When you want to waive your right to get spousal support, you need to begin by creating pre and post-nuptial agreements. The beauty about the pre-and post-nuptial agreements is that they clearly define the percentage of the wealth each spouse is entitled to in the event that the marriage should end. During divorce cases, the courts 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. Besides, there should be attorney to 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 court will ensure that every partner gets a fair deal to avoid the cases of one spouse having a hard time catering to their needs while paying the spousal support.