Finances are often a point of conflict in marriages, and that trend continues in divorces. In many divorce proceedings, one partner requests spousal maintenance from the other. A Bothell divorce lawyer from Dellino Family Law can help whether you are on the paying or receiving end of that request.
Our attorneys have 180 years of combined experience helping clients resolve spousal maintenance issues in both conflict-free and challenging divorces. A spousal maintenance/ alimony lawyer in Bothell is ready to stand by you and fight for you.
An Overview of Spousal Maintenance in Divorce
The terms “spousal maintenance” and “alimony” mean the same thing. The terms refer to financial support that one partner pays to the other during divorce proceedings and/or following a divorce. Spousal support is not automatic. The court determines whether the circumstances warrant these payments.
Not understanding spousal maintenance is among the most common divorce mistakes. For example, you cannot first seek spousal maintenance after your divorce is finalized.
That request should be included in your initial divorce filing, with help from an experienced Bothell spousal maintenance/ alimony attorney at Dellino Family Law.
A Bothell family lawyer can explain the different types of maintenance that may be available and how payments affect your taxes. Our team knows the laws governing spousal maintenance. We can fight to get you what you deserve or work to protect you from paying more than your situation warrants.
Types of Spousal Maintenance
One spouse may make more money than the other. In some households, the division of labor is such that one spouse works full-time or in a more lucrative position while the other may take on more household responsibilities or simply work in a lower-paying profession.
If the couple divorces, the lower-earning spouse may seek financial support from the higher earner to maintain the same lifestyle or pay bills.
The lower-earning spouse may have held off on pursuing an education or developing skills that lead to higher-earning positions to care for the home or to support the other partner’s education and career.
Unlike child support, which is automatic in divorces when children are involved, spousal maintenance is conditional. The court considers a variety of factors when deciding whether to award it, how much to award, and for how long. Typically, spousal maintenance takes the form of monthly payments.
Temporary or Permanent
A spouse can apply for temporary maintenance to support during divorce proceedings, before the finalization of the divorce decree. The decree might order continued payments, in the same or an adjusted amount, for an additional period of months or years.
Washington does not have a law explicitly requiring permanent alimony. When a long-term marriage, one lasting more than 20-25 years, ends in divorce, judges often try to create financial equity for the future. In these situations, the court may order spousal support to be paid indefinitely.
Factors Determining Spousal Maintenance Awards
The Revised Code of Washington (RCW) outlines the factors the court considers when deciding spousal maintenance matters. Per RCW 26.09.090, these circumstances are:
- The financial status of the partner requesting maintenance and whether that party has the means to support themselves.
- How much time does the requesting party need to get the education or training needed for appropriate employment?
- The standard of living enjoyed during the domestic partnership or marriage.
- The partner requesting maintenance’s age, physical and emotional health, and financial responsibilities.
- The ability of the partner from whom maintenance is requested to self-support and meet financial obligations while making maintenance payments.
Another factor included in this law is the length of the marriage. Judges may be less likely to award higher amounts of support or longer support periods for shorter marriages, and longer marriages may prompt longer maintenance periods.
Mid-Length Marriages and Alimony
Spousal maintenance awards vary for mid-length marriages, like those lasting five to 20 years, especially when one spouse left employment to raise a family. Often, judges follow an unofficial “rule” of awarding a year of maintenance for every three to four years of marriage.
The court may also allow for a “step-down” approach. Payment amounts are higher while the receiver pursues training. Once education is complete and there are opportunities to earn income, the court can reduce the amount until the maintenance period ends.
How a Bothell Spousal Maintenance/ Alimony Lawyer Can Help You
A spousal maintenance/ alimony attorney in Bothell can help resolve alimony matters when dealing with a high-conflict divorce or those that are more amicable. Divorce brings out intense emotions. Even if you think yours will run smoothly, it’s best to secure representation from an experienced attorney whose role is to look out for your interests.
Our team will work to negotiate a fair spousal maintenance plan. We can also help if an ex-partner fails to pay court-ordered alimony by filing a motion for contempt, per RCW 26.18.050.
The court may impose penalties, impose jail time, and use enforcement measures such as wage garnishment to prevent further lapses and get your past-due payments.
Modifying Spousal Maintenance Orders
Ongoing maintenance agreements end when one party dies or when the receiving party remarries or enters a new domestic partnership.
Agreements may also warrant change if either party experiences a significant change in circumstances, under RCW 26.09.170. Those changes typically relate to either party’s financial situation.
The party requesting the modification must present proof of the change to the court. Depending on your role in the proceedings, an attorney can help you gather the evidence needed or challenge unfair requests for adjustments.
After analyzing the changes and reviewing the situation in light of them, the court will determine whether to modify the maintenance order.
Get Exceptional Representation from a Team That Cares
Spousal maintenance is a high-stakes issue in a divorce. A spousal maintenance/ alimony lawyer in Bothell can help protect your financial well-being and give you compassionate, loyal support during a difficult time.
Dellino Family Law has the experience, skill, and dedication you need when going through divorce proceedings. We look forward to partnering with you.