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Resolving Alimony and Other Issues in a Washington State Divorce Case

People are surprised by the lack of clear rules in Washington State divorce law. Often clients ask their lawyers,

''How much alimony do I have to pay?'',

''How much child support will I owe?'',

''How long will I have to pay?''

and

''How much of my pension does she get?" Often, their lawyer's response will be, ''that depends.'' Indeed, much Washington State divorce law, including the law of alimony, is designed to depend on the individual facts and circumstances of each case.

Alimony is spousal support or maintenance paid by one spouse to another. According to Washington State divorce law, alimony is purely gender neutral. In fact, cases where a wife is ordered to pay alimony to her husband are becoming more frequent with women making more money in today's marketplace.

There are a few formal criteria that the court follows to award spousal support in Washington State divorce cases. However, in most cases, judges are free to implement their own judgment after hearing the evidence on the circumstances of the case. Spouses who put their own earning abilities on hold during the marriage in order to increase the earning ability of their spouse will have a good case for spousal support. However, much depends on the ability of the other spouse to pay, the length of the marriage, and other factors are involved.

Both the spouses can also opt for an 'out of court settlement' with the assistance of a Washington State divorce attorney by entering into an agreement. This can save them the distress and costs of litigation. Hence, their preferred option should be to resolve the issues among themselves or through mediation. Remember, when negotiating the amount and duration of spousal support, you should consider what support is needed to accomplish the goal of self-sufficiency. Once orders for spousal support are entered, they can be very difficult to modify.

Generally, to complete your Washington State divorce, all issues are required to be resolved by agreement between the parties or by a judge who will decide according to the law. The issues that must be resolved are child custody, child support, property and debt distribution, and spousal maintenance. When the resolution of one or more of these issues is not agreed to, the court will decide the issue after a trial.

Regardless of whether you and your spouse can negotiate an agreement and complete your Washington divorce forms on your own or you resort to fighting it out in court, these legal issues must be settled and resolved in order for you to be granted a Washington State divorce. For more information on divorce issues, including alimony, Washington State divorce law, and negotiating a settlement, contact the Washington State divorce attorneys at McKinley Irvin in Washington, Tacoma, Bellevue, and Federal Way.

 

 

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