Divorce can create financial uncertainty, particularly when one spouse has earned substantially more income or when one party sacrificed career opportunities during the marriage. Spousal maintenance, often referred to as alimony, may help ease the transition. Working with a spousal maintenance lawyer in Silverdale can help ensure you receive the support that you deserve.
Dellino Family Law brings more than 180 years of combined experience guiding clients through divorce, separation, and related legal matters. You deserve a Silverdale divorce lawyer who will fight for you and advocate on your behalf.
You May Be Entitled to Spousal Maintenance
Unlike child support, spousal maintenance is not determined by a strict formula. Courts evaluate the circumstances of each marriage and consider a variety of factors when deciding whether support should be awarded.
Financial Resources of Each Spouse
Even in marriage, not all families opt to share finances completely. This can complicate divorce settlements if one person is left with few to no assets after the separation.
Additionally, one partner often has a significantly higher income. If this is the case, the higher earner may owe spousal support.
Length of the Marriage
There are different considerations depending on how long the marriage lasted. If it were a short marriage, there may be little to no spousal support required; however, longer marriages often require one person to help support the other financially during the transition.
Standard of Living During the Marriage
Oftentimes, a certain lifestyle is established during a marriage. This can affect how a court rules in terms of spousal support. The lower-earning party is often awarded enough to maintain a similar standard of living that they’ve become accustomed to.
Age, Health, and Future Earning Capacity
Age can be a factor in determining spousal support, particularly if retirement is part of the conversation and there is a possible reduction in earning capacity. Additionally, if one party is in poor health, then that could affect the outcome, as they may require more financial support due to the inability to work.
If you believe you may be owed spousal support, speaking with an experienced Silverdale family lawyer can help you understand what your rights may be and what you may be entitled to.
Situations Where Spousal Maintenance May Become an Issue
Some divorces do not involve spousal maintenance; however, support may become a topic of discussion when there is a significant income difference between spouses or when one spouse needs time to become financially independent.
Some scenarios may include:
- One spouse stayed home to raise children
- A spouse left the workforce during the marriage
- Significant differences in income
- A spouse needs education or job training
Marriage involves a financial commitment, and that commitment often extends past separation. Working with a spousal maintenance attorney in Silverdale can help ensure you are treated fairly after a separation.
Temporary Maintenance During Divorce Proceedings
Divorce cases can take months to resolve, and during that time, one spouse may struggle to meet basic expenses. Temporary maintenance may be available while the case is pending (RCW 26.09.060). This allows both parties to move through the process equitably, without having to worry about basic necessities.
Temporary orders are generally not the same as the final verdict in spousal maintenance decisions. They are designed to temporarily bridge the gap while divorce proceedings are underway, so there is no fear of emergencies arising or bills falling through the cracks.
These orders are separate from child support and child custody orders and require their own filing. Working with a Silverdale spousal maintenance attorney can help you understand what you may be entitled to and walk you through the process.
Pursuing a Fair Maintenance Award
When seeking support, courts look for a clear picture of financial need. They will often review budgets, income information, employment history, and anticipated expenses before making a decision. Having extensive expense records can be extremely helpful in securing a fair award.
At Dellino Family Law, we have a dedicated in-house discovery team as well as a strong network of outside professionals. Private investigators and forensic accountants can help evaluate whether there are funds or assets that are not being disclosed, which may increase your maintenance award.
Just because a marriage ends does not mean that you no longer deserve support for the contributions you have made. Working with an attorney can help you understand how long spousal support lasts and how to ensure you are receiving what you rightfully deserve.
Modifying Spousal Maintenance Orders
Financial circumstances can change long after a divorce is finalized. Employment changes, retirement, medical issues, or significant life events may justify revisiting an existing maintenance order. Modification can require significant documentation, so enlisting the help of an attorney can be essential.
In Washington, spousal maintenance modification is governed by RCW 26.09.170 and requires supporting documentation. This can include financial records, W-2s, medical records, or other declarations that demonstrate a substantial change in circumstances.
Many people attempt to resolve these disputes outside of the legal system, but without the sign-off from a judge, there is no legal recourse should one party go back on that agreement. By working with an attorney, you help protect yourself legally and ensure you are fairly supported.
Common Mistakes to Avoid in Spousal Maintenance Cases
Financial mistakes can have lasting consequences during a divorce proceeding. Careful preparation is often critical when maintenance is at issue. Common issues that arise in spousal support cases can include:
- Incomplete financial disclosures
- Underestimating future expenses
- Ignoring tax and budgeting considerations
- Failing to document income changes
- Making informal modifications without court approval
Working with a knowledgeable attorney is one way to protect yourself from making these mistakes. At Dellino Family Law, we know how to avoid these mistakes and how to best build your case.
Contact a Silverdale Spousal Maintenance Lawyer
Divorce is challenging, even more so when financial stress comes into play. At Dellino Family Law, we are here to support you. Our attorneys understand the importance of having a partner through this process and will fight on your behalf.
Contact us today to get started securing your future.