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Posted On3. 2. 2020 0

Ways of Understanding Family Law

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. 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.

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. 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.

Also, during a divorce case, the judge may order one spouse to pay the other 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.

One of the ways in which a spouse can waive their right to spousal support is by creating pre and post-nuptial agreements. The agreements are vital since they outline what 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. For the court to approve the waiver, it needs to made in writing, and must be signed by both parties. 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.

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