The Relationship Between Property Division And Spousal Maintenance In Washington State
Often times in divorce proceedings, the division of the marital estate and spousal maintenance intertwine. The length of the marriage is an important factor when considering a disproportionate property division in favor of one spouse or the other. So too is the length of the marriage a factor when considering the amount and extent (i.e., how long) of the spousal maintenance obligation. How the two, property division and spousal maintenance, intertwine becomes more apparent in long term marriages where there is disparate income between spouses. In such a case, it is common to either grant a higher percentage of the net marital estate to the lower income earning spouse coupled with a moderate term of spousal maintenance or a closer to equal division of the marital estate coupled with a long term spousal maintenance obligation. The true division of the marital estate and the amount and extent of the spousal maintenance obligation is case specific and highly discretionary with the trial court.