One of the questions that most spouses tend to find answers when divorcing is on spousal support. In most marriages, the chances are that one partner is financially stable than their counterpart. For instance, one partner may have a well-paying job while the other one may be staying at home taking care of the children. In addition, one spouse can get wealth from their family or inherit it from a relative. 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. In this article, we will take you through the hot discussion on the topic of whether it is possible to waive your 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. 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. 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. It is worth noting that the law also allows spouses to agree to give up their right to receive spousal maintenance payments.
One of the ways in which a spouse can waive their right to spousal support is 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. For the court to approve the waiver, it needs to made in writing, and must be signed by both parties. In addition to making the waiver in writing, one needs to get an 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 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.