It is common to find spouses who want to divorce inquiring about spousal support. In most marriages, you will find one partner being financially stable than the other. 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. The source of wealth could be from a family or from wealthy relatives. In times of divorce, getting spousal support tend to be a challenge as one spouse may want 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. By marital property we mean assets that 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.
A lower-earning spouse may request the judge to order the higher earning spouse to pay them 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. It is worth noting that the law also allows spouses to 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. 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. In most divorce cases, the court will generally 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. 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.