Washington courts look at several factors including the length of the marriage, each spouse’s financial resources, the standard of living established during the marriage, and one spouse’s ability to pay while still meeting their own needs. There is no set formula, which makes having an experienced attorney in your corner especially important.
SPOUSAL SUPPORT
Ensuring you can both live comfortably
You married and spent time establishing a life together. As you look to create separate lives, you need to carefully evaluate an equitable and supportive division of assets to ensure you can both live comfortably. One of you may have supported the other through college or saw tremendous career growth, or maybe one of you stepped back from your career to be a caregiver for your children. Whatever the circumstance, spousal support, also called spousal maintenance or alimony, is the legal mechanism to address the financial disparity in divorcing or separating couples’ incomes.
Our Washington-based family law attorneys can help secure your financial wellbeing during and after your divorce by evaluating potential temporary or long-term spousal support needs and requests.
FINANCIAL WELLBEING
Options for Spousal Support in Washington
Support issues can be addressed and agreed upon as part of your negotiations or formally requested in court. It may be necessary to request temporary maintenance from the court to ensure your financial wellbeing while a settlement agreement can be worked out or trial preparations begin. You can work with our skilled spousal support lawyers to find the right solution for your financial situation.
DETERMINING FACTORS
Awarding & Calculating Spousal Support
You can request support through legal separation or divorce. In Washington State, spousal support is based on need and ability to pay. The receiving spouse must have a need, and the paying spouse must have the ability to pay. The amount and length of any spousal support are dependent on several factors. Some of the factors considered when evaluating alimony in Washington State are:
- Relative financial needs of both people
- The ability to pay given other financial obligations
- How long the couple has been married
- Respective age and the physical and emotional health of both parties
- The financial resources of the requesting spouse, taking into consideration their share of community property and child support orders
- Whether one person gave up career opportunities to support the family
Our deeply experienced team can help assess the amount and duration of support that would be fair.
WHAT ARE YOUR OPTIONS?
Terminating or Modifying Spousal Support Orders
Spousal support in Washington State may be modifiable under certain conditions. Your Final Divorce Order (Decree of Dissolution) should list conditions that will end spousal support automatically, such as remarriage by the receiving party.
Often spousal support is ordered as non-modifiable. However, your life may change significantly after your divorce; you may find you can no longer afford to pay maintenance. If this applies to you, contact us. One of our spousal support attorneys can review your circumstances and discuss your options. If your ex seeks to reduce or cancel your spousal support, we will evaluate the options and negotiate terms to help meet your needs.
WE ARE HERE TO HELP
How to Find a Compassionate Washington-based Spousal Support Attorney
Judges have tremendous discretion to award or deny spousal maintenance in Washington State. However, decisions must be just and fair based on the specific facts of your case. The experienced alimony lawyers on our team can help evaluate your financial options for spousal support at every step in your case.
Whether you need financial support to continue your schooling, want to explore if modifying support is an option, or need help obtaining temporary support during divorce proceedings, we are here to help. Call our team today.
Frequently Asked Questions About
Spousal Support in Washington
How does a Washington court decide whether to award spousal maintenance?
What is the difference between temporary and long-term spousal support in Washington?
Temporary maintenance is ordered while the divorce is still pending to help the lower-earning spouse cover living expenses during the process. Long-term or permanent maintenance may be awarded after the divorce is finalized, depending on the circumstances of the marriage and each spouse’s financial situation.
How long does spousal maintenance last in Washington?
The duration varies based on factors like the length of the marriage and whether the receiving spouse can become financially self-sufficient over time. A shorter marriage may result in a limited maintenance period while a longer marriage with a significant income gap may result in maintenance that lasts indefinitely.
Can spousal support be modified after it is ordered?
Yes, in many cases. If there has been a substantial change in circumstances, such as a significant change in either party’s income, remarriage of the receiving spouse, or other major life changes, either party can petition the court to modify the existing order.
Is spousal maintenance taxable in Washington?
Tax treatment of spousal maintenance depends on when your divorce agreement was finalized and federal tax law at the time. This is an area where coordinating with both a family law attorney and a tax professional is strongly recommended to understand your specific situation.
Does Washington favor awarding spousal support to one gender over the other?
No. Washington courts evaluate spousal maintenance based on financial need and ability to pay regardless of gender. Either spouse can request support and either may be ordered to pay it.
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Please do not include any confidential information in your communications until we verify that our office can represent you and confirm our engagement with you in writing. Prior to that, Elise Buie Family Law, including but not limited to any of its agents and representatives, does not legally represent you. Therefore, we have no duty of confidentiality to you, and there exists no attorney-client privilege between us.