Understanding Family Law

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. 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. The essence of this article is to discuss whether one can waive their right to spousal support in Washington state. You can read more here for more great tips!

Unlike in other states, in Washington, spouses are required to split the marital estate fairly between every partner. It is good to note that 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 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. According to family law, a spouse can agree to give up their right to receive spousal maintenance payments. Learn more about Ashby Law, go here.

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 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. The beauty about the family law in Washington that governs divorce cases is that the court 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. However, for the waiver to be valid, it needs to be 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.Take a look at this link https://en.wikipedia.org/wiki/Attorney  for more information. 

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.

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