Washington Spousal Support Laws

Washington alimony laws, also called spousal support, give family court judges considerable leeway in deciding who should receive payments. Spousal support is not guaranteed in a divorce proceeding. Washington's laws differ from those of some other states in that alimony awards are available to registered domestic partners and married spouses.

Spousal maintenance depends on one spouse's financial needs and the other spouse's ability to pay alimony. The purpose of maintenance is to allow the lower-earning spouse to maintain their lifestyle while becoming self-sufficient. Couples considering divorce should consult a Washington divorce attorney and discuss the need for financial support.

Washington Spousal Support Laws

Washington spousal maintenance rules caution family law judges to consider child custody and child support payments before any spousal support order. The payor spouse must meet their duty to the child before the ex-spouse. Maintenance awards come after the property division so that the judge can determine both spouses' financial positions after the divorce.

Eligibility for Spousal Support

Judges use a list of statutory factors when determining if a spouse qualifies for spousal support payments. The requesting spouse must show they are unable to meet their basic needs without such support. Factors include:

• The health, age, and emotional condition of the parties
• The financial resources and financial obligations of both parties
• The length of the marriage or domestic partnership
• The standard of living
• The employability of the receiving spouse and the amount of time needed for them to become self-supporting
• The tax deductions for both parties

Washington courts cannot order punitive spousal support to punish the paying spouse for causing the divorce. Misconduct, such as hiding assets, may be grounds for increasing support payments.

Types of Alimony

A maintenance order depends on the length of the marriage. Spouses in short-term marriages receive enough support to get the recipient spouse back on their feet. This type of alimony is sometimes called temporary maintenance and may end with the divorce decree.

Maintenance payments for long-term marriages should put the parties on equal footing for the rest of their lives. Judges make these types of support orders for couples who split after many years of marriage.

As a general rule, judges order child support first before calculating marital support payments. Child support takes precedence over alimony payments.

Alimony and Child Support Payments

The court will order payors to make support payments to the Washington state support registry. Under an order approved by the court, payments can go to the person entitled to receive them.

Washington Spousal Support Laws: Related Resources

The links below provide resources for additional research related to this topic:

• Washington Divorce Laws
• Washington Divorce Process
• Washington Marital Property Laws
• Washington Prenuptial Agreements

Get Legal Advice From a Washington Family Law Attorney

If you are contemplating divorce, legal separation, or need to modify an existing court-ordered support payment, getting legal advice from a Washington state divorce lawyer is a solid idea. They can review your case and give you legal advice about your divorce process issue.