Spousal maintenance or simply maintenance in King County, also known as alimony or spousal support in other states, can be a contentious issue in a Washington divorce in cases where it applies. Many believe spousal support is a necessary part of an equitable property division, which is the goal of the Washington courts. Others believe spousal support is basically a divorce penalty.
Washington law sees it as neither. Spousal maintenance is not awarded or appropriate in every case. Likewise, as a no-fault divorce state, the Court does not make awards to punish one spouse or the other. Washington views maintenance as a “flexible tool” that can be used to achieve an overall equitable division of the financial affairs of a couple depending on the facts unique to their case and the factors Washington considers relevant.
Many states have taken maintenance decisions out of a judge’s hands, replacing subjective considerations with formulas that resemble child support guidelines. However, in Washington, the court looks at the individual circumstances of each marriage and considers them in context with statutory factors that have been adopted by the state legislature. Therefore, a Seattle family law attorney is a vital partner in this process. Spouses who may have to pay maintenance and spouses who may be entitled to receive it both have important legal and financial rights.
Types of Maintenance in Washington State
There are two timeframes for which maintenance may be awarded:
Temporary Maintenance
After the commencement of a divorce case, either party may schedule a hearing to make temporary arrangements for the couple to follow until their case is finalized. At this hearing, the judge sets certain ground rules, including temporary maintenance, if applicable.
Technically, temporary orders expire when the judge finalizes the case. The goal of the court while the case is pending is to preserve the status quo. This sometimes means awarding maintenance while the case is pending even when, at the end of the cas,e further maintenance would be legally unwarranted based on the legal factors considered. Similarly, temporary maintenance might be awarded in a small amount based on the status quo need being nominal, but upon finalization,, a much larger award for the long term may be warranted.
Post-decree Maintenance
Post-decree maintenance is awarded (or not) based on a number of factual considerations of which length of marriage is but one, yet a significant, factor. A short-term marriage is considered one that lasts five years or less. In such marriages, the goal of the court is usually to put the parties back into their respective financial positions had they not married at all. Some facts about maintenance: Maintenance is uncommon, it might be limited to a year of post-decree maintenance, or it might even be disallowed completely beyond temporary maintenance awarded to maintain the status quo while the case was pending.
Long-term marriages are commonly viewed as those lasting 25 years or more. In such marriages, the goal is to try to put the couple on equal footing going forward. This may involve long-term maintenance with an equal property split or some combination of maintenance with a disproportionate property split favoring one of the spouses.
For the vast majority of marriages that fall in between, there is a complex balancing to be done to determine the appropriate amount per month and the length of time maintenance should be paid. Whether you are a spouse looking at possibly receiving maintenance or a spouse possibly having to pay maintenance, having a Seattle family law attorney on your side is essential to protect your financial interests.
Initial Determinations
The obligor’s ability to pay and the obligee’s economic need are two overarching factors when considering maintenance awards. Note that there is a difference between ability to pay and willingness to pay, just like there is a difference between economic needs and economic wants.
Factors Considered
In Washington, the factors to consider when ordering maintenance are found in RCW 26.09.090. They include, but are not limited to:
(a) The financial resources of the spouse seeking maintenance, including separate or community property awarded to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for child support is paid for a child living with that spouse;
(b) When re-entering the workforce is feasible, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;
(c) The standard of living established during the marriage;
(d) The duration of the marriage (discussed above.);
(e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance. (Generally, young, healthy, and well-educated people have a higher earning capacity than older, sickly, and poorly educated people); and
(f) The ability of the spouse from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance.
Fault
Fault in the breakup of the marriage, a common factor in many states, is noticeably absent from this list. Bad acts of either party, such as infidelity, marital irresponsibility, and abusive conduct, are not factors that are considered.
However, if the actions of a spouse have had a negative financial impact, those would be relevant. For example, if one spouse is abusive to the other, that is not a factor for awarding more or less maintenance. However, if domestic violence has caused ongoing harm to a spouse’s physical or mental condition and thus hinders that spouse’s ability to make a living, that would be a factor relevant to the maintenance issue.
Also, marital infidelity is generally not relevant to asset division or maintenance. But if one of the spouses used community assets or income to buy gifts for their paramour, such expenditures will not be considered as “for a community purpose” and such data could be relevant to the property division and/or maintenance.
Further, while a spouse may resent that their partner did not “pull their own weight” in their eyes during the marriage, the court is not going to penalize the spouse based on the other spouse’s characterization. That said, if the spouse in question wasted community assets or income on drugs, gambling beyond the point of mere recreation, or gratuitous spending that caused financial harm to the marriage, then that financial damage would be considered relevant.
Subsequent Modifications
The judge has the power to modify or terminate temporary or post-decree maintenance in limited circumstances. Additionally, unless other arrangements are made by the parties by agreement in the decree, remarriage or death of the spouse receiving support terminates maintenance as a matter of law. If you are facing a modification of post-decree spousal maintenance issue, a Seattle family law attorney can assist you in advancing your interests and protecting your rights.
Work With a Diligent King County, Washington, Lawyer
Maintenance laws in Washington can be complex. For a confidential consultation with an experienced family law attorney in Seattle, contact Elise Buie Family Law Group. We routinely handle matters throughout the Emerald State and can help with yours. Call us today or schedule a time to speak.
