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Understanding Family Law

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. 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. The source of wealth could be from a family or from wealthy relatives. 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. When you want to understand more on family law; you should consider reading this article to the end since it discusses whether a spouse 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.

The beauty about the family law is that the higher-earning spouses may have to pay the other spouses 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. 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. 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.

For the waiver to be passed, it needs to be fair and reasonable to 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.

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