Spousal maintenance, often referred to as alimony, is one of the most contested issues in Washington State. If you are going through a divorce, working with a spousal maintenance lawyer in Port Orchard can help ensure that you are receiving the support you deserve or are not paying more than you owe.
At Dellino Family Law, we have over 180 years of combined experience helping clients navigate their family law issues. As your dedicated Port Orchard divorce lawyer, we are here to represent you and fight to ensure your rights are protected.
What Is Spousal Maintenance in Washington?
Spousal maintenance is designed to ensure that, should a separation happen, one party is not left financially disadvantaged. Unlike child support, Washington does not use a strict formula to calculate the maintenance amount; rather, the judge has discretion to determine what is fair and reasonable in a given situation.
In many marriages, one spouse has a higher income or one person gives up their income entirely, particularly if children are involved. To ensure that one party is not left without any resources, spousal maintenance is often granted.
Spousal maintenance is not always permanent and is often put into place just long enough for the receiving party to get on their feet and establish their own reliable source of income.
The amount of time and money required differs from situation to situation based on many factors. Working with a Port Orchard family lawyer can help ensure that all aspects are fully covered.
Common Situations Where Spousal Maintenance May Be Requested
Some scenarios are more likely than others to qualify for spousal maintenance. By working with a Port Orchard spousal maintenance attorney, you can better understand how and if your situation may qualify for spousal maintenance. Potential scenarios that may qualify can include:
- One spouse stayed home to raise children
- A spouse paused their career to support the family
- Significant income disparities exist
- One spouse requires education or training before re-entering the workforce
- A spouse has health limitations that affect employment
- A long-term marriage created financial dependence
- One spouse sacrificed career opportunities during the marriage
While no situation can guarantee that you will receive spousal maintenance, building a strong case and demonstrating the sacrifices you have made during the marriage can often help show why you would be entitled to spousal maintenance.
The Length of the Marriage Often Plays a Major Role
One of the main determining factors in spousal maintenance cases is the length of the marriage. Not only does it often impact how much spousal maintenance is owed, but also how long spousal maintenance continues.
Short-Term Marriages
In shorter marriages, spousal maintenance is often rare and for a limited time and purpose, if at all. It may be paid long enough on a temporary basis to allow someone to secure employment, living arrangements, and cover some basic expenses in the short term, if at all.
Mid-Length Marriages
Mid-length marriages often call for more rehabilitative and longer spousal maintenance arrangements with greater financial support to let the parties exit the marriage on more equal footing. They can often include time for education along with associated expenses.
Long-Term Marriages
Longer marriages often include longer-term spousal maintenance agreements intended to equalize parties, as over time parties rely on the marital community, supporting the WA principle of equalization of the parties. These cases become more complex and benefit from the assistance of a spousal maintenance attorney in Port Orchard.
Since Washington law does not impose a fixed formula, judges have the discretion to ultimately decide what a fair and reasonable support agreement looks like, given the length and other specifics of a marriage. There are typical ranges and ratios that may apply, depending on the length of marriage, financial circumstances of the parties, and other information, yet spousal maintenance is largely discretionary.
Factors Washington Courts Consider When Determining Maintenance
In addition to the length of marriage, there are several other factors that courts may consider when coming up with a fair spousal maintenance agreement. These can include:
- Financial resources of the requesting spouse
- Time needed for education or job training
- Standard of living during the marriage
- Age and health of the parties
- Ability of the paying spouse to pay
Spousal maintenance cases can be complex, and navigating the legal system while already dealing with separation is a stress that you should not have to endure. At Dellino Family Law, we are here to handle the legal tasks so you can focus on your family.
Temporary Maintenance During Divorce Proceedings
Finalizing a divorce can take time, and during that time, one person may be left struggling financially. This is where temporary maintenance may be issued.
These orders are typically designed to help with mortgage and rent payments, common household expenses, and maintaining overall financial stability while court proceedings happen to finalize the divorce.
These temporary spousal maintenance orders are not automatic, and it is required that you file the proper court form before any orders are made. Once the divorce is finalized and new orders are put into place, temporary orders end, and the new plan becomes the standard.
Modifying Spousal Maintenance After Divorce
Even once a permanent plan is formed, there are scenarios that call for a modification of support orders. These can include:
- Significant changes in income for either party
- Retirement
- Health changes
- Changes in financial need
To modify your support order, your lawyer can help guide you through the proper forms to file and manage the legal process so you can focus on your family.
How a Port Orchard Spousal Maintenance Lawyer Can Help
Working with an attorney can help to ensure your spousal maintenance agreement is fair and that you receive the full amount that you are entitled to.
- Evaluating maintenance claims
- Analyzing financial records
- Calculating support scenarios
- Negotiating settlements
- Presenting evidence to the court
- Addressing modification requests
- Protecting client financial interests
- Coordinating maintenance and property division strategies
As your dedicated legal representatives, our team is here to ensure that you feel well taken care of, advocating on your behalf. Working with a skilled attorney may help ease the burden of dealing with an already stressful situation, and you can feel confident knowing that you are well taken care of.
You Do Not Have to Navigate This Alone
At Dellino Family Law, our Port Orchard spousal maintenance lawyers have helped countless clients secure a fair support agreement, and we are here to do the same for you. Contact us today to get started on your case and move forward with your life.