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. 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. Besides, one partner may enter into marriage with family money, or inherit wealth from a wealthy relative during marriage. 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.
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. Though the spousal maintenance is similar to child support payments, the former is paid to cater for the needs of a spouse while the latter aims at meeting 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. 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. 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. It is worth noting that both parties need to sign the waiver and must be made in writing. 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.
However, it is good to note that the agreement should be made by 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.