Exclusively Divorce and Family Law

Spousal Maintenance Laws in Seattle and Washington State

Either party in a divorce may request spousal maintenance through their Seattle child custody lawyer from the other party. Spousal maintenance is a monetary payment, usually monthly, paid by one spouse to the other after separation to assist the receiving spouse with living expenses. Maintenance can be requested at a temporary orders hearing or provided for in the final dissolution decree or both. The maintenance award must be for such an amount and for such a period of time that the court deems just, without regard to marital misconduct. At McKinley Irvin Seattle child custody lawyers are highly experienced in maintenance issues.

There are some mandatory forms used by Seattle child custody lawyers available from the State of Washington and can be viewed by clicking the following link Seattle child custody lawyer.

Consulting with a Seattle child custody lawyer about Maintenance

There are a variety of factors that the court and your Seattle child custody lawyer consider when determining whether an order of spousal maintenance should be awarded to a requesting spouse. Although the analysis is somewhat complicated, the fundamental question is, does the requesting party have a need for spousal maintenance, and does the proposed paying spouse have the ability to pay? Other factors that your Seattle child custody lawyer can explain are:

  • The standard of living established during the marriage;
  • The duration of the marriage;
  • The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and,
  • The time necessary for the spouse seeking maintenance to acquire sufficient education or training to enable the party seeking maintenance to find suitable employment.

After considering these factors, a maintenance award may or may not be awarded. The analysis is complicated, and a competent Seattle child custody lawyer or divorce attorney can help you evaluate the facts of your case.

Spousal maintenance is normally ordered, when appropriate, for a short period of time, anywhere from a few months to a few years. The primary purpose of spousal maintenance is to assist a spouse in obtaining a better ability to support him or herself. In rare cases, the court will order long term or even lifetime spousal maintenance when the above factors warrant it.

Another issue for your Seattle child custody lawyer: if child support has also been ordered, and the Department of Child Support is collecting that support, DCS may assist a spouse in collecting maintenance payments.

For specific statutory language concerning maintenance please refer to RCW 26.09.090: Maintenance orders for either spouse - Factors.

 

 

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