This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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The easiest way to get out of paying alimony is to have a frank discussion with your spouse about your situation. You may be able to reach an agreement between yourselves (even if it requires a little negotiating). You can also show the court that your spouse is perfectly capable of supporting him- or herself.
Washington law requires courts to consider the requesting spouse's need for maintenance and the other spouse's ability to pay. Maintenance should be no more than the would-be-recipient needs, nor should it exceed the would-be-payor's ability to pay. Each party's 'need' and 'ability' is relative to the other spouse.
The easiest way to get out of paying alimony is to have a frank discussion with your spouse about your situation. You may be able to reach an agreement between yourselves (even if it requires a little negotiating). You can also show the court that your spouse is perfectly capable of supporting him- or herself.
As a general rule of thumb, courts in Washington State award one year of alimony for every three or four years of marriage. There is no statute or case law explicitly stating this formula, but it is an oft mentioned rule and generally what courts can be expected to do.
Washington law provides for only two types of alimony: temporary maintenance while the divorce case is in progress, and. maintenance for a certain period of time after the divorce is final.
A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.
Courts will generally 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. In order for such a waiver to be valid in Washington, the waiver must be in writing, and must be signed by both parties.
You can work with your spouse to come to a separation agreement outside of court. If you agree that no post-separation support payments should be awarded, you can avoid a potential alimony order from the court.
