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. Besides, one partner may enter into marriage with family money, or inherit wealth from a wealthy relative during marriage. 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. 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.
Unlike in other states, in Washington, spouses are required to split the marital estate fairly between every partner. 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. 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. 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. 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. It is worth noting that both parties need to sign the waiver and must be made in writing. 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.
However, it is good to note that the agreement should be made by 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.