Tacoma Divorce Lawyers | Family Law Attorneys

(253) 444-5517

Attorney David M. Lux

Serving all of Pierce County

Aggressively protecting the legal rights of

Tacoma divorce clients and their families.

Spousal Maintenance in Washington State

Many of our new clients ask us about Spousal Maintenance, or Alimony, which is commonly referred to as Spousal Support. Under Washington law, spousal maintenance may be awarded where there is a need on the part of one spouse and the ability to pay on the part of the other.

In our experience, the two most heavily weighted factors in determining both the amount and the length of spousal maintenance are the number of years that the parties were married and the short and long-term income potential of the parties. As detailed below, however, the court is also supposed to look at several other factors as well.

Tacoma divorce commissioners and judges have a tremendous amount of latitude in awarding spousal support both at the temporary orders stage of your case, and in issuing their final orders. And, any experienced Tacoma divorce lawyer who has been around the block a couple of times has strongly disagreed with a given court's ruling in their case at least a time or two over the years.

As a result, this can be one of the more difficult issues to predict because commissioners and judges will often see the exact same set of facts quite differently. In many cases, it is our opinion that it is best to try and negotiate this issue based on a in-depth analysis of each of the parties' actual monthly cash flow needs. This is particularly true at the temporary motions stage of your proceedings.

Once called "alimony," spousal support is now referred to as "maintenance." It will not be awarded or withheld as punishment for marital misconduct. The duration and amount depend upon the facts and circumstances of each case.

In determining the need for maintenance, and the appropriate duration and amount, the court will consider:

• financial resources of each party;
• work experience and earning prospects of each spouse, including consideration for the time required for one spouse to obtain training for becoming employed or self-supporting;
• age and physical and emotional conditions of each party;
• the duration of the marriage;
• the standard of living established during the marriage.