Spousal Maintenance or Alimony in Washington:
Welcome to the most frustrating part of divorce law in Washington: calculating spousal maintenance. Spousal maintenance, also known as alimony in other states, is calculated based on various factors, and there is no specific formula or guideline like there is for child support. Spousal maintenance is often awarded for a time period equal to about 25% of the marriage’s length. This is not a hard rule and we have seen variations of that norm. However, in most cases the rule stands.
The factors courts consider are outlined in the Revised Code of Washington (RCW 26.09.090) when determining the amount and duration of spousal maintenance. We have summarized and broken these factors down into the following:
- Financial Resources: The financial resources, including income, assets, and earning capacity, of each spouse are considered. This includes employment history, education, skills, and the ability to become self-supporting.
- Standard of Living: The standard of living established during the marriage is considered, including the lifestyle enjoyed by the spouses and their ability to maintain it post-divorce.
- Duration of the Marriage: The length of the marriage is a significant factor. Longer marriages may warrant longer-term or indefinite spousal maintenance, particularly if one spouse has been financially dependent on the other for a significant period.
- Age and Health: The age and physical and emotional health of each spouse are taken into account. Health issues or disabilities that affect a spouse’s ability to work or become self-supporting may influence the amount and duration of spousal maintenance.
- Contributions to the Marriage: Contributions made by each spouse to the marriage, both financially and non-financially, are considered. This includes homemaking, childcare, and support of the other spouse’s career or education.
- Education and Training: The education, training, and future earning potential of each spouse are evaluated. Spousal maintenance may be awarded to enable the recipient spouse to obtain education or training necessary to become self-supporting.
- Financial Need: The financial need of the spouse seeking maintenance is assessed, including their ability to meet their reasonable living expenses without assistance.
- Other Relevant Factors: Any other relevant factors deemed important by the court may also be considered, such as the property division, the presence of children, and the tax implications of spousal maintenance.
In Washington State, the duration of a marriage is a very significant factor that can impact the calculation and duration of spousal maintenance (alimony). Here’s how it typically works:
- Short-term Marriage: A short-term marriage is generally defined as a marriage lasting less than five years. In these cases, spousal maintenance is less common and tends to be awarded for a shorter duration. It’s often intended to provide temporary support while the recipient spouse transitions to financial independence.
- Mid-term Marriage: A mid-term marriage typically lasts between five and 20 to 25 years. In these cases, spousal maintenance may be awarded for a moderate duration, depending on factors such as the financial need of the recipient spouse and their ability to become self-supporting. The duration of maintenance may be longer than in short-term marriages but shorter than in long-term marriages.
- Long-term Marriage: A long-term marriage is generally defined as a marriage lasting 20 to 25 years or more. In these cases, spousal maintenance is more common and may be awarded for a longer duration, potentially even indefinitely. The goal is often to maintain the standard of living established during the marriage, particularly if one spouse has been financially dependent on the other for an extended period. The Courts will often times equalize the net income of both parties by forcing the higher-earning spouse to contribute enough money to the lower-earning spouse that each spouse has the same net income.
