Spousal maintenance and other financial matters have a high potential for causing conflict in divorces. A divorce lawyer in Spokane, WA, from Dellino Family Law, is ready to help reduce that risk and work to secure a fair spousal maintenance agreement for you.
Connect with our spousal maintenance lawyer in Spokane with over 180 years of combined experience. We know how to find solutions and give you the support you need during your divorce.
An Explanation of Spousal Maintenance
In a divorce, the court may order one partner to give the other financial support through payments called “spousal maintenance” or “alimony.” Payments may be required during divorce proceedings and after the divorce decree is finalized.
Child support is automatic in divorces involving children, but spousal maintenance is not guaranteed. It is conditional. The court considers a variety of factors before determining whether, how much, and for how long one ex-partner must continue to support the other. When ordered, payments usually occur monthly.
You must make your demand for spousal maintenance during divorce proceedings. You cannot make the request after the court issues your divorce decree. Depending on your situation, a Spokane family lawyer can help you make a reasonable request and support the demand, or work to show the other side is putting unfair financial demands on you.
Spousal Maintenance Agreements Should Be Fair
In marriages, one spouse often earns more than the other. Some households divide labor. One spouse may work full-time outside the home while the other takes on full-time household responsibilities. Both parties may work outside the home, but one may be in a more profitable field, or one may work full-time and the other part-time.
When these partnerships dissolve, the spouse with a lower earning capacity may seek support from the other to maintain their lifestyle and keep up with bills.
The lower-earning spouse may have put off education or professional development to care for the home or to support the other partner’s professional goals, and doesn’t want to suffer financially for those decisions.
Washington courts seek to create equity between divorcing partners. If spousal maintenance is granted, the intent is to ensure equal financial stability for both parties. Dellino Family Law can provide insightful guidance and protection as you work out your divorce and spousal maintenance agreement.
How Long Spousal Maintenance Orders Last
Judges have flexibility in determining the duration of spousal support in WA state. Maintenance orders can be temporary or permanent. A spouse may apply for temporary maintenance while going through divorce proceedings. Those payments could continue after the decree is finalized. The amount paid could be the same or adjusted, and remain in place for months, years, or until the death of either spouse.
The length of a marriage influences a divorce settlement, including spousal maintenance. Permanent spousal maintenance orders mainly apply to long-term marriages, those lasting more than 20 to 25 years. For a marriage lasting five to 20 to 25 years, the award length varies. It’s common for judges to order a year of maintenance for every three or four years of marriage.
Courts can also implement a “step-down” arrangement. Payments may be higher when the receiving partner is seeking training or is bound by childcare duties. The payments can be lowered or stopped once that partner is prepared to re-enter the workforce or released from child-related responsibilities.
Factors Affecting Alimony Payment Amounts
There is no preset amount for spousal maintenance orders. Judges weigh a variety of factors when determining the amount. As established in the Revised Code of Washington (RCW) 26.09.090, these factors include the:
- Financial circumstances of the partner asking for maintenance, and whether that partner has means to be self-supporting
- Financial responsibilities of the partner seeking maintenance
- Amount of time the receiver needs to be trained for gainful employment
- Standard of living the couple experienced during the marriage or domestic partnership
- Receiver’s physical and emotional health and age
- Payee’s ability to support themselves and fulfill their own financial obligations while paying maintenance
Both sides must be honest when disclosing their financial situations. Whether you are seeking maintenance or being asked for it, a spousal maintenance attorney in Spokane can help facilitate transparency.
We will help you present your circumstances accurately, and can investigate to understand and reveal your partner’s situation as well.
A Spokane Spousal Maintenance Lawyer Can Advise on All Spousal Maintenance Matters
Our team knows how to deal with a high-conflict divorce and specific high-conflict issues. We aim to lower the temperature as much as possible while delivering the results you need. We can help you file for divorce and present your petition for spousal maintenance or challenge your partner’s demands.
In Topic no. 452, Alimony, and separate maintenance, the IRS states that for recent divorces, spousal maintenance payments are not tax-deductible for the payer and not counted as taxable income for the receiver. These factors should be part of the court’s decision regarding payment amounts. You also need to know the tax implications to avoid problems with your own tax returns.
Modifying Spousal Maintenance Agreements
Maintenance agreements end when one partner dies or the receiver enters a new domestic partnership or marriage. Agreements can be modified if a party experiences a significant change in circumstances, per (RCW) 26.09.170. The partner requesting the adjustment must present evidence of their changed circumstances to the court.
A lawyer can represent you throughout the modification process. We can help you collect the evidence necessary to support your request or challenge unwarranted adjustment demands. The court ultimately determines whether to grant the modification after reviewing the request and evidence.
We’re Here to Help You Move Forward
Divorce is hard, even in the most amicable situations. The team at Dellino Family Law provides loyal support and advocacy. A compassionate but aggressive Spokane spousal maintenance lawyer will work to protect your finances and your rights as you find your way forward.