When one is heading for divorce; they need to find answers about spousal support. In most marriages, you will find one partner being financially stable than the other. For instance, one partner may have a well-paying job while the other one may be staying at home taking care of the children. The source of wealth could be from a family or from wealthy relatives. 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.
Unlike in other states, in Washington, spouses are required to split the marital estate fairly between every partner. 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.
Also, during a divorce case, the judge may order one spouse to pay the other 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. The agreements are vital since they outline what 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. 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. 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.