Ways of Understanding Family Law

It is common to find spouses who want to divorce inquiring about spousal support. In most marriages, the chances are that one partner is financially stable than their counterpart. It is common to find one spouse working in a high paying job while the other is taking care of the children back at home. 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. Find   out for further details on  Ashby Law  right here.  

In Washington, during a divorce, the marital estate is divided fairly between the two spouses. 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. Learn more info, go here. 

Also, during a divorce case, the judge may order one spouse to pay the other spousal maintenance. If you are finding it hard understanding the spousal maintenance; you can compare them to the child support payments; however, the difference here is that the spousal maintenance are directed to spouses, unlike the child payments which are paid to cater for the needs of a child. It is worth noting that the law also allows spouses to agree to give up their right to receive spousal maintenance payments. Take a look at this link  https://en.wikipedia.org/wiki/Attorney   for more information. 

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. 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. 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. 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.