Will I get “Alimony” or Spousal Support Once I am Divorced?
On top of all the stressors you’re experiencing during your divorce process, having to go from a two-income household to a one-income household can be hard on the wallet. If you have been a stay-at-home parent, foregoing your career to help raise your family, determining if you qualify for spousal support can be a key part of your experience. Even a party who makes significantly less than their partner may need spousal support to survive post-dissolution.
Alimony and Spousal Support are interchangeable terms which mean the same thing. While Alimony may have been previously used to only describe men supporting women, spousal support is a gender-neutral term that refers to either spouse supporting the other.
Marriage Length? Does it Matter?
A court that encounters parties with a short-term marriage, typically five years or less, will look to put the parties back into the position they were in before they were married. The court takes this approach because they reason there has not been a strong reliance on the material partnership after only five years. So likely if you fall under the short-term marriage category, spousal support will be hard to come by.
If your marriage was 25 years or more the court instead will look forward to keep the parties in relatively similar positions for the rest of their lives. This means that spousal support is much more likely, however it is not guaranteed if for example a division of properties would allow for an equalizing of the parties without maintenance. Many people have the misconception that if you are married for over 25 years you will be automatically granted lifetime support. This is untrue. A court considers an order of lifetime support when the party seeking the maintenance will not be able to contribute significantly to their own livelihood.
If you fall somewhere in between the five years and 25 years, a court may look to equalize the party’s income. However, an award of spousal maintenance is very subjective to what judge you find yourself in front of.
Does Spousal Support Effect Property Division?
One factor a court can consider when dividing property is if one person is receiving spousal support. It will be a factor for whether the court believes each party is getting a fair and equitable division. For example, if one spouse is receiving a large payment of spousal support each month, the court may determine that this spouse needs less real property or vice versa.
What are the Factors a Court Can Consider to Determine if Spousal Support is Appropriate?
A court is mainly concerned with the economic circumstances of the party’s post-dissolution. The court will consider the ability of the party seeking maintenance to be self-sufficient without assistance, including the receipt of child support; the time and education needed by the party seeking maintenance to become self-sufficient; the age, physical and emotional condition and financial obligations of the spouse seeking maintenance; and the ability of the spouse from whom maintenance is sought to meet his own needs and obligations while paying maintenance. Spousal support, of course, is also limited by need versus ability to pay.
Does the Court Consider the Marital Standard of Living?
While the court is assessing the financial necessities of the person seeking support, the court can also look at the standard of living during the marriage. If you experienced a high standard of living for your entire marriage you shouldn’t be required to live greatly below that standard post-dissolution. Particularly when there are kids involved, a court does not like to see kids eating steak at one house and top ramen at the other.
Do my Former Partner’s Bad Acts Affect my Award of Spousal Support?
While marital misconduct such as cheating is not something the court can consider in the award of support; hiding, transferring, or wasting community assets is a factor the court can consider. Additionally, if there has been a history of spousal abuse, and this affects a person’s ability to work, this is a circumstance the court can take into consideration for support.
What are the Tax Effects of Spousal Support?
Check out experienced family law attorney, Anne Bennette’s article on the topic: https://beresfordlaw.com/how-the-new-tax-law-affects-spousal-support-in-washington-state/
To learn more about Spousal Support, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.