It’s hard to end a marriage. Resolving certain issues, such as financial matters, can make the process more difficult. For example, differing points of view about spousal maintenance can bring conflict even to civil divorces. A Vancouver, WA divorce lawyer can advocate for you and bring clarity to these discussions.
Attorneys at Dellino Family Law have earned recognition from Super Lawyers and other professional organizations, acknowledging our exceptional service and legal insight. A spousal maintenance lawyer in Vancouver can help create and fight for a divorce decree that includes a fair spousal maintenance agreement.
How Spousal Maintenance Orders Work in a Divorce
Alimony, spousal support, and spousal maintenance are terms that mean the same thing. They describe a court-ordered divorce arrangement requiring one spouse to make payments to the other in a specific amount and for a specific time period.
While child support orders are part of any divorce agreement when spouses who share children separate, spousal maintenance is not automatic. Judges consider a variety of factors when deciding if such orders are appropriate.
A Vancouver family lawyer can present your position to the court regarding spousal maintenance. Depending on your situation, you may need protection against paying more than is fair. Conversely, a lawyer can also advocate to ensure you get the financial support you deserve.
A Vancouver Spousal Maintenance Attorney Can Fight for a Fair Agreement
The Revised Code of Washington (RCW) 26.09.090 establishes the factors the court considers when making spousal support decisions. They include:
- The requesting spouse’s financial resources
- The requesting spouse’s financial responsibilities
- How long and how much education the requesting spouse needs to secure employment to support themselves and become financially independent.
- The age and physical and emotional health of the requesting spouse
- The standard of living established in the marriage
- The ability of the partner from whom support is requested to meet their own financial obligations and those of the requesting spouse.
Dellino Family Law can accurately present your financial circumstances to the court. We will also work to ensure your partner provides an accurate account of their finances to the court. A fair agreement requires honesty and transparency.
The Length of a Marriage Also Affects Spousal Maintenance Schedules
The length of a marriage influences a divorce settlement, including the duration of spousal support in WA state. A judge can order temporary or permanent payments. The court mainly issues permanent orders for marriages lasting more than 20 to 25 years.
Order duration varies for marriages lasting five to 20 to 25 years. A common formula is to order a year of maintenance for every three to four years of the marriage. Spousal maintenance is less likely for marriages lasting less than five years, though still possible.
Spousal maintenance orders can require payments to remain at the same amount for the duration, or to change with circumstances. For example, the spouse with primary child custody could receive more while the kids are young and less once childcare duties diminish. The court could also schedule a decrease based on when the receiving spouse should acquire skills to increase their own earning capacity.
We Can Help if Spousal Maintenance Problems Arise Post Divorce
A spousal maintenance attorney in Vancouver can help if your spousal maintenance situation becomes complicated even after the divorce is finalized. Spousal support payments end only if the order says so, if one party passes away, or if the receiving party remarries or enters into a new domestic partnership.
Even with those orders in place, an ex-spouse could fail to make the required payments. If this happens to you, talk to your attorney. Court-issued spousal maintenance payments are not optional. We can work to help you resolve the issue with as little conflict as possible.
If your ex is uncooperative and repeatedly fails to make payments, we can file a motion for contempt under RCW 26.18.050. The court may garnish your ex’s wages or implement other measures or penalties to get your back payment and ensure future compliance.
Modifying Spousal Maintenance Arrangements
Either party may request an adjustment to spousal maintenance under RCW 26.09.170. The court may allow changes when either the support payer or receiver experiences a change in circumstances. The party petitioning for modification must show evidence of the change to the court. Such changes could include:
- Serious illness
- Loss of employment
- Significant change in income
If you are the petitioner, we can help you present the necessary evidence to support the modification. If you oppose the petition, we can help you challenge the request by showing that the proposed changes are unfair or would cause you financial hardship. The court will review the initial agreement against the arguments presented and determine if modifications are warranted.
Our Team Helps You Avoid Mistakes and Make Wise Decisions
How much you pay or receive in spousal maintenance has a tremendous impact on your current and future financial stability. We’re here to put you in the best financial situation by keeping things honest and thinking ahead. Honest mistakes can put you out of favor with the court. A spouse’s decision to hide assets or income can prevent you from getting the money you need and deserve.
Our team can ensure you provide full financial disclosure and require your spouse to do the same. We will calculate an accurate estimate of your future expenses. We will analyze the tax implications of making or receiving spousal support payments on your financial situation.
The attorneys at our firm pay attention to the details. “Diligence” is one of our core values. We are committed to putting in the hard work and “going above and beyond.” Count on us to consider what you need now and what you’ll need to thrive in the future as we work to create the best possible case outcome for you.
Our Vancouver Spousal Maintenance Attorneys Find Solutions
The attorneys at Dellino Family Law know how to find solutions. A Vancouver spousal maintenance attorney can help resolve challenges in reaching a spousal maintenance agreement. We’re here to protect you now and for the future. We know how to get the job done.
