Alimony & Spousal Maintenance In Washington

The Basics

In Washington, spousal maintenance, also known as alimony in other jurisdictions, is not automatically awarded in divorce cases. Instead, the court considers 11 different factors outlined in the statute to determine whether spousal maintenance is appropriate, how long it will be in effect, and the amount. Some of the factors taken into account include:

• The income and expenditures of each spouse.
• Their respective needs and abilities.
• The standard of living during the marriage.
• The duration of the marriage.

These factors help the court assess the financial situation and needs of both parties to make a fair determination.

While there isn’t a precise formula the court uses when calculating spousal maintenance, a general rule of thumb used by attorneys is that for every four years of marriage, one year of spousal maintenance will be awarded. However, this is subject to argument and interpretation in court based on the specific circumstances of each case.

In Washington, there aren’t different types of spousal maintenance; any payment from one former spouse to another after the dissolution of their marriage is simply categorized as spousal maintenance. The funds provided are at the discretion of the recipient spouse, but they are typically intended to address financial needs arising from the divorce, such as living expenses and support.

The Reach Of Spousal Support

Let’s say the homemaker in a divorcing couple does not want to live in the family home due to a traumatic event that happened there, for example, and wishes to live somewhere else. In this situation, the court can order the breadwinner to pay for their living expenses. This financial support can be provided through spousal maintenance. Here’s an idea of how it works:

• Spousal Maintenance

The homemaker can request spousal maintenance to cover their rent and other living expenses. The court will assess the breadwinner’s financial ability to pay both the mortgage on the marital home and the rent for the homemaker’s new apartment.

• Assessment Of Financial Ability

The court will evaluate the financial circumstances of both parties, including income, expenses, and assets. The goal here is to ensure that the homemaker has the financial support needed to maintain a reasonable standard of living, particularly if they have primary custody of the children.

Based in Washington, Attorney Diem Nguyen is an experienced and skilled family law expert who has helped countless divorcees navigate through their spousal maintenance cases and get the financial support they need. She knows what goes into determining spousal maintenance and what it takes to ensure a fair outcome tailored to your unique circumstances.

If you're facing a potential spousal maintenance case, trust Nguyen's knowledge and experience to help you achieve a resolution that meets your needs and protects your future.
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• Court Orders

If the court determines that the breadwinner has the financial capacity to pay for both the mortgage and the homemaker’s rent, it can order them to do so. However, if the breadwinner does not have the financial ability to support both the homemaker and their own living expenses, the court may order the sale of the marital home. The proceeds from the sale can then be used to provide for the living arrangements of both parties.

• Best Interests Of The Children

The court’s decisions will always take into account the best interests of any children involved, ensuring they have a stable and supportive living environment. This includes considering the homemaker’s need to move to a new residence for their well-being, which indirectly affects the children’s well-being.

Enforcing Spousal Maintenance Orders

Once a court order for spousal maintenance has been issued, both parties are legally obligated to comply with its terms. Failure to do so can result in serious consequences, including being held in contempt of court.

If you refuse to pay spousal maintenance as ordered, your ex-spouse can take legal action to enforce the order. This typically involves filing a motion with the court alleging contempt or violation of the court order. If the court finds the non-compliant spouse in contempt, they may be required to pay the recipient spouse’s attorney’s fees and other costs associated with enforcing the order. Additionally, they will still be obligated to comply with the original order, which may include paying the overdue spousal maintenance.

If there’s one thing to remember about spousal maintenance, it’s that it’s subject to a court order, which is legally binding and must be followed. This applies not only to spousal maintenance but also to child support and parenting plans. Divorce has far-reaching consequences that extend well beyond your immediate relationship, so it’s important to deeply consider the implications before proceeding.

For more information on Alimony & Spousal Maintenance In Washington, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 276-7390 today.