What Factors Affect Spousal Support? The 411 on Alimony
You’ve probably heard the term “alimony,” but Washington Courts refer to payments between divorcing or divorced spouses as “Spousal Support.” So, how do you know if you qualify for receiving spousal support? What about when you may be liable for paying it? Here’s the 411.
In Washington, spousal support is decided by the Court and is not automatic. This allows for flexible decisions based on the facts of each unique case but also creates uncertainty in predicting the Court’s ruling.
The decision maker must look at a variety of factors under the statute (RCW 26.09.090):
- The requesting party’s financial resources and that party’s ability to meet their needs independently of the other spouse;
- The time needed for the requesting spouse to acquire sufficient education or training to find appropriate employment;
- The parties’ standard of living during the marriage;
- The requesting spouse’s age, physical and emotional condition, and financial obligations; and
- The other spouse’s ability to meet their own needs and financial obligations while paying support.
Put simply: What is the requesting spouse’s need and the other spouse’s ability to pay?
The Court will not consider misconduct of either party. For example, the fact that your spouse had an extramarital affair will not make it more or less likely that spousal support will be ordered.
Spousal Support can be requested in both divorce and legal separation proceedings. It may be temporary to allow the parties to manage expenses, such as the mortgage or car payments, while living separately is still new. It could also be part of the Court’s final orders and be paid for a definite period. In some cases, courts will require spousal support to be paid indefinitely, unless either party dies or the party receiving support remarries.
If the Court orders spousal support in its final decision, it can be modified in the future if there is a change in circumstances.
This is just a basic outline of the complex analysis required for spousal support – if you have additional questions or to request a consultation, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.