Everett Spousal Support
Have questions about alimony? Our Everett spousal support lawyers can help
Most people getting a divorce have questions about alimony, also known as spousal support according to Washington State family law. For some people facing divorce, alimony may be the only way they can remain financially stable. In cases such as this, it’s vital to understand your rights according to the law.
There’s no one-size-fits-all approach to spousal maintenance, so issues involving alimony are handled case-by-case. Unlike child support, there is no schedule for awarding alimony, which is one of the main reasons why the issue becomes contentious during divorce negotiations.
Right now you may have a few questions in mind, including:
- Do I qualify for alimony?
- Will I be required to pay spousal support to my ex-partner?
- Will I be required to pay alimony if I can’t afford to pay my own bills?
- Is it possible to change an alimony order months or years after a divorce?
With more than 50 years of combined experience handling complex divorce cases, the team of Everett spousal support attorneys at the law office of Jason S. Newcombe is ready to help you. You know better than anyone how unique your situation truly is, and you also understand that you have financial considerations that must be acknowledged during the divorce process.
Contact one of our alimony attorneys in Everett today for a free consultation and get the facts. There’s a lot of misinformation concerning alimony and it’s our job to make sure you know the truth.
How does the Washington Family Court determine whether someone qualifies for alimony?
To receive alimony, the spouse seeking support must demonstrate that they have a need and that their ex-partner can afford to pay it.
Before a judge will evaluate whether someone qualifies for alimony, the judge will first divide shared assets, and deal with child custody and child support issues. If, after this, the judge determines that spousal maintenance is necessary, they then must determine the type, the dollar amount, and the duration of the alimony.
Because there is no formula a judge may use to determine the level of spousal support, they will consider a variety of factors including:
- The financial resources of the person seeking alimony.
- How long it will take for the supported party to acquire training or education that will help them find employment.
- Their standard of living during the marriage.
- How long the marriage lasted.
- Their age, emotional and physical condition at the time of their divorce.
- Their financial obligations.
- The ability of the obligated spouse to remain financially secure during the term of the support.
It’s important to note that spouses can seek an amicable way to negotiate the terms of spousal maintenance. This has many advantages and it’s often something our Everett alimony lawyers encourage. After all, it’s always better to have more control over your personal life than hand it over to a judge who knows nothing about you or your family.
You may decide to work out these arrangements one-on-one with your partner, with help from your attorney, or in mediation. As long as you cover all of your bases, the court will most likely approve your arrangement.
An Everett alimony lawyer explains the types of spousal maintenance in Washington State
There are three varieties of spousal maintenance, outlined in Washington state law as follows:
Temporary support is made available to people seeking a divorce so that they can receive financial assistance from the other party throughout the divorce process. Because the divorce process is often lengthy, it’s important to talk to your lawyer about this option early on.
Short-term maintenance is applied to ex-spouses who need time to become financially independent. The idea is that one former spouse continues alimony payments until the other becomes financially independent.
When granting short-term maintenance, a judge will include an end date or a specific event such as graduating from a class or completing certified training. Sometimes the court will allow a supported ex-spouse to petition the court for an extension or review before the term expires.
Long-term maintenance is what most people think of when they think of alimony. Also called permanent support, long-term maintenance is actually less common than most people realize. If you’ve only been married for a few years, it’s highly unlikely the court will grant long-term maintenance. In cases where the marriage lasted a long time or one spouse cannot work for a legitimate reason, the judge may order long-term support.
If a former partner remarries or registers under a new domestic partnership, spousal maintenance is automatically ended. The same holds true if an ex-partner dies.
For more information about maintenance orders, refer to statute RCW 26.09.090 on the Washington state legislature website. Under the section related to maintenance orders it says the following:
(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to:
(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;
(c) The standard of living established during the marriage or domestic partnership;
(d) The duration of the marriage or domestic partnership;
(e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and
(f) The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance.
Do long-term maintenance orders really last forever?
Whether you pay alimony or receive spousal support, most people want to know how long the payments are going to last. Family Court judges want to ensure that divorcing spouses have sound financial footing, but determinations for long-term maintenance are often made based on the length of the marriage.
If your marriage lasted longer than 25 years, it’s highly likely a judge will award permanent spousal support. A judge may use a 1 to 3 average to determine the duration of payments for marriages lasting fewer than 25 years. So if your marriage lasted 18 years, the judge may award six years of alimony.
It is possible in certain situations to modify a spousal support order. Either spouse can request a modification if they can demonstrate a substantial change of circumstances since the order was last made. One example would be if one of the former partners suffers a severe disability from an accident. In this situation, the court could review the case and decide to reevaluate the decision.
Parties seeking a modification must continue to pay alimony until a judge renders the decision on their request. If you fail to make payments as ordered by a judge, they could find you, require you to pay your ex-partner’s lawyer’s fees, or even send you to jail.
If you’re considering a request to modify alimony, talk to one of our qualified Everett family law attorneys that specialize in spousal support issues.
Get more information about alimony from a qualified Washington State spousal support lawyer
If you have further questions concerning alimony or any other divorce or family law-related issue, the Snohomish County website has a selection of FAQs that you can peruse for answers.
Gathering information online is helpful, but the best way to plan for life after divorce and ensure your legal rights are protected throughout the process is to work with a qualified family law attorney.
Our attorneys always urge clients to work with their former spouse amicably, in an effort to ensure the divorce process runs smoothly and to remain out of court. Sometimes, this just isn’t possible, especially if your former spouse and their lawyer refuse to remain civil or treat you fairly.
Remember, you have Constitutional legal rights. If your divorce lawyer must go to court to defend your interests, they will not back down. We aggressively defend our client’s legal rights in all family matters including alimony-related issues.
We offer a free consultation to all new clients, which means you can talk to an experienced Everett alimony attorney today and get specific answers to questions unique to your situation. We are ready to help you take the next step.
