One of the most important decisions you will make during a Washington divorce is whether your spousal support agreement will be modifiable or non-modifiable. This single choice can have significant financial consequences for years or even decades after your divorce is finalized. Understanding the difference, and the implications of each option, is critical before you sign anything.
What Does Modifiable Spousal Support Mean?
When spousal support is labeled as modifiable in a divorce order or settlement agreement, it means that either party can return to court in the future to request a change. To successfully modify spousal support in Washington, the requesting party must demonstrate that there has been a substantial change in circumstances that was not anticipated at the time the original order was entered. Examples of qualifying changes might include a significant increase or decrease in either party’s income, a serious health development, or a remarriage.
The modifiable route offers flexibility, but it also comes with risk. There is no guarantee that a modification request will be granted, and the process of returning to court can be costly and time-consuming. If you are the paying spouse and your financial situation improves significantly, the receiving spouse could seek an increase. If you are the receiving spouse and your income grows, the paying spouse could seek a reduction.
What Does Non-Modifiable Spousal Support Mean?
When spousal support is designated as non-modifiable, both parties agree that the terms are locked in permanently, regardless of how circumstances change. This type of provision is commonly seen in settlement agreements, sometimes referred to as CR2A agreements in Washington state. Once you agree to non-modifiable spousal support, you are bound by those terms. You cannot return to court seeking a change, even if your financial situation changes dramatically.
For many people going through a divorce, the certainty of a non-modifiable agreement is worth the trade-off. Knowing exactly what you will pay or receive each month allows both parties to plan their financial futures without the uncertainty of potential future litigation. It also allows both spouses to move on with their lives without the ongoing connection that comes from the possibility of returning to court.
Which Option Is Right for You?
The right choice depends on your individual circumstances and your priorities. If you value certainty and want to close the chapter on your marriage as completely as possible, non-modifiable support may be the better path. If you anticipate significant financial changes in the near future, whether positive or negative, maintaining the ability to modify may be worth the uncertainty.
It is also worth noting that if a judge decides your spousal support rather than the parties negotiating a settlement, the resulting order will typically be modifiable by default. This is one of several reasons why many family law attorneys encourage clients to try to negotiate a settlement agreement rather than leaving the decision to a judge. Settlement gives you more control and more flexibility in structuring terms that work for your specific situation.
The Importance of Understanding What You Are Signing
Too often, divorcing spouses sign settlement agreements without fully understanding whether their spousal support terms are modifiable or non-modifiable, and what that designation means for their financial future. Before you agree to any spousal support terms, make sure you understand exactly what you are committing to and how that commitment could affect you in the years ahead.
The attorneys at View Ridge Law help clients in the Seattle area navigate spousal support negotiations and ensure they understand every term before signing. Schedule a consultation today by calling 206-210-2047 or visiting www.viewridgelaw.com.
