Spousal support can be a major concern when a marriage ends. One spouse may worry about meeting everyday expenses while the other adjusts to a new financial situation. In Washington, courts consider several factors when deciding whether maintenance is appropriate and how much one spouse should receive.
What factors affect spousal support?
Washington courts consider each spouse’s financial resources, needs and ability to meet financial obligations. They also consider the circumstances of the marriage and the financial impact of the separation.
Under Washington law, relevant factors include:
- Each spouse’s financial resources and ability to meet their needs
- The time needed for the receiving spouse to gain education or training
- The way the spouses lived during their marriage
- The length of the marriage
- The age and physical and emotional condition of the spouse seeking support
- The financial obligations of both spouses and the paying spouse’s ability to meet their own needs while providing support
The court does not automatically award maintenance in every divorce. It considers the circumstances of both spouses before deciding whether support is appropriate and, if so, the amount and duration.
How long can support last?
The duration of spousal support depends on the circumstances of the case. A shorter marriage may present different financial considerations than a long-term marriage. The court may consider whether the receiving spouse needs time to obtain education or training or otherwise become more financially independent.
Maintenance may last for a limited period or continue longer, depending on the circumstances and the court’s order. An existing maintenance order may also be modified in certain circumstances, including when a substantial change in circumstances occurs.
What should spouses understand?
Spousal support is separate from child support and property division. The court looks at the finances of both spouses. It then decides whether support should be paid and what the terms should be.
Understanding income and expenses can help spouses prepare for financial issues during a divorce. Future financial needs may also matter. Washington does not use one fixed payment amount for every case. The court looks at the specific facts of each marriage.
