Posted On May 24, 2024 Spousal Support
Alimony or spousal support is not guaranteed in divorce cases. However, judges have the discretion to award alimony if they determine a need for financial support. Some of the factors that judges consider when determining whether to grant alimony include:
Generally, judges grant alimony for long-term marriages, especially when one spouse is a homemaker. Being out of the workforce for extended periods can harm the spouse’s ability to earn a sufficient living after a divorce.
For marriages shorter than five years, judges rarely award long-term alimony. If they award alimony, it is only for a few months and might only last during the divorce proceeding. By contrast, long-term marriages may result in lifelong alimony payments. Mid-length marriages could result in alimony payments for about a fourth to a third of the length of the marriage.
The judge considers whether a spouse will be ordered to pay or will receive child support payments. The judge might reduce alimony payments when a spouse already receives child support. It depends on the facts of the case and whether the other spouse has the financial means to pay both child support and alimony.
Dividing community property in a Washington divorce can be complicated. The judge decides an equitable distribution of marital assets if the parties disagree about property division. The division of property and assets can impact alimony payments.
Judges may consider other factors that they deem relevant to deciding alimony cases. Those factors include, but are not limited to:
Judges cannot consider marital wrongdoing when deciding whether to award alimony. Fault for the breakup of the marriage is not considered. Also, judges cannot give preference to either spouse based on their gender, race, sexual orientation, religion, or other characteristics. Both spouses have an equal right to receive alimony if the facts justify an alimony award.
Yes, the court may modify its order for alimony after the divorce is final. However, the spouse petitioning for modification of alimony must have evidence proving a substantial change in circumstances. The substantial change in circumstances must relate to the financial need of the spouse receiving alimony or the ability to pay alimony by the spouse paying alimony.
Furthermore, the change in circumstances must be something that the parties did not contemplate when the court entered the original order. A voluntary reduction of income or increasing expenses by choice is generally insufficient to modify alimony payments.
Generally, alimony terminates when either spouse dies or the spouse receiving alimony remarries or cohabitates with someone. However, a judge includes a specific termination date in the alimony order. Furthermore, spouses can agree to an end date for alimony as part of a divorce settlement agreement.
Pre and post-marital agreements can impact alimony awards during divorces. The parties may have addressed alimony in their pre-nuptial or post-nuptial agreement. If so, the court will honor the agreement if the pre or post-nuptial agreement is valid and legally enforceable.
A marital agreement can simplify divorce proceedings. By settling issues such as alimony, the parties do not need to litigate matters. The issues are resolved before the parties decide to end the marriage.
If you have questions about alimony, contact a divorce lawyer. An attorney can explain your rights and options for seeking alimony during a divorce. Whether you are paying or receiving alimony, having sound legal advice and representation helps ensure you are treated fairly.
To learn more and get the help you deserve, call our divorce lawyers or reach out to Twyford Law Office online by visiting our contact us page.
We serve King County and Spokane County in Washington and its surrounding areas. You can also visit our offices. We have locations in Seattle, Spokane & Bellevue:
Twyford Law Office – Seattle Office
814 Second Avenue, Suite 515,
Seattle, WA 98104
(206) 590-7085
Twyford Law Office – Spokane Office
430 W Indiana Ave,
Spokane, WA 99205.
(509) 327 0777
Twyford Law Office – Bellevue Office
1408 140th Pl NE Suite 400,
Bellevue, WA 98007
(425) 517-3350
Our Seattle Office
814 Second Avenue 515,
Seattle, WA 98104
(206) 590-7085
Our Spokane Office
430 W Indiana Ave,
Spokane, WA 99205
(509) 327 0777
Our Bellevue Office
1408 140th Place NE, Suite 400,
Bellevue, WA 98007
(425) 517 3350.
