Can Spousal Support be Waived?
Divorce is the last thing on the minds of a newlywed couple because, no, that only happens to other people, not them. This is however not the case in most marriages with researchers saying that more than half of married couples divorce after a while. There are a lot of reasons that lead to this, and they are so many that there is no main cause. With this information in mind, every married couple should plan for a divorce beforehand and how they will handle their divorce in case it happens. This should be done whether they see it coming or not because no one can tell what the future holds. Before marriage, the couple should compartmentalize their emotions and plan for everything that might happen in their relationship without their feelings getting in the way. This will make the divorce, if it ever comes to that, a very peaceful one because everything was already planned beforehand.
It is extremely difficult to discover a marriage where the two gatherings are at a similar dimension regarding their finances, more often than not, one spouse gets more cash than the other. This can be caused by a lot of things; it could simply be a result of one of them earning more, or maybe one was out of a job for whatever reason. In very many states, except just a few, when a couple divorces, all the marital property is divided in half, and both parties get each half of it. The court will have to get their money details from the moment they got married. Marriage property includes all the money from both spouses that were earned during the marriage and any property that was bought by money that was earned during the marriage. The court then includes every one of them up and separates it into equal parts without thinking about which spouse earned a large portion of it. Also, a judge that is presiding over a divorce can make one spouse pay the other money every month if they see that they need it. This monthly allowance has a name, and that is alimony, which is known in some places as spousal support. The person being offered support can choose to take it or to decline it.
The court allows someone to waive their spousal support as long as it is clear that it is their decision and has not been forced unto them by anyone. It should be in writing, and both the spouses must sign it. The waiver should also include a list of all the assets of both parties. This is so that the court can see that the party that is petitioning for a waiver will not remain totally helpless. If the court can see that the party will be well enough on their own, then the waiver is accepted, but if not, it is revoked.