How Spousal Support is Awarded. New Supreme Court Decision on “Need”
Spousal maintenance awards are governed by RCW 26.09.090. There are several factors set forth in the statute for a trial court to consider when determining the amount and duration of spousal maintenance to be awarded. The statute’s structure was created purposefully flexible, giving trial courts broad discretion when awarding maintenance. Spousal maintenance awards are not governed by a bright line rule but automatically depend on the facts and circumstances of an individual case. In re Marriage of Wilcox, No. 10240101 at 22 (2024).
RCW 26.09.090 provides the following factors for the Court to consider when awarding spousal maintenance: (1) the financial resources of the party seeking maintenance, (2) the time needed to acquire education necessary to obtain meaningful employment, (3) the standard of living during the marriage, (4) the duration of the marriage, (5) the age, physical and emotional condition, and financial obligations of the spouse seeking maintenance, and (6) the ability of the spouse from whom maintenance is sought to meet his or her needs and obligations while providing the other spouse with maintenance.
On August 8, 2024, the Washington Supreme Court issued a ruling affirming a Court of Appeals Division III decision, which held a requesting spouse does not have to demonstrate a need for a spousal maintenance award. (Palomarez v. Wilcox, 15 Wn. App. 2d 187, 189, 475 p.3d 512 (2020) (published in part). Specifically, the Washington Supreme Court held: “We hold while a trial court must consider a requesting spouse’s need for support before awarding maintenance, among the other statutory factors listed in RCW 26.09.090, a finding of need is not a prerequisite to a maintenance award.” In re Wilcox, No. 102401-1 (2024). This alters the belief often repeated by attorneys i.e. “Spousal maintenance is about need and ability to pay.” That is in-part still true, but this case calls for trial courts to look at the “need” of a spouse as just another factor giving it no more weight than any other.
Further, the WA Supreme Court affirmed that the trial court in the Wilcox case, did not abuse its discretion when awarding the wife $4000/mo. for a period of 11 years because “the trial court considered the particular circumstances of this case, and all the statutory factors set forth in RCW 26.09.090.” Id. The Supreme Court reasoned that the plain language of RCW 26.09.090 requires a trial Court to only consider, among the other factors, a requesting spouses’ need for support, establishing a need is not a prerequisite to a maintenance award. In fact, the WA Supreme Court has already found “maintenance is not just a means of providing bare necessities, but rather a flexible tool by which the parties’ standard of living may be equalized for an appropriate period of time.” In re Marriage of Washburn, 101 Wn.2d 168, 179 677 P.2d 152at 178-79 (1984).Essentially, it was reestablished by the WA Supreme Court that no one factor is given more weight than the other and the trial court’s “paramount concern is instead the parties’ economic conditions post dissolution. Id. at 181.
So, what does this mean for parties amid a dissolution where spousal maintenance is being requested? The WA Supreme Court established that “a requesting spouse’s need must be considered among other statutory factors before awarding maintenance, but it is not a prerequisite to a maintenance award.” In re Marriage of Wilcox, No. 102401-1 at 21 (2024). Speak with an experienced family law attorney today to assist with navigating the dissolution process and provide guidance on the award of spousal maintenance in your case.
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