Divorce Alimony in Washington

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In this state, the court awards alimony to the lower wage earning or non wage earning spouse some spousal support with an intention of preventing unfair economic results of a divorce. In the current scenario, it is observed that the court might order the wife to disburse alimony to the husband. Divorce alimony in Washington is given keeping a number of things in mind.

The objective of alimony is that both spouses must retain the standard of living with which he/she has become conversant during marital life. However, if a marriage has lasted for a brief period like 2 to 3 years, the award of alimony is not granted. Similarly, if both spouses are employed and are self reliant, there is no need to grant alimony. Alimony is basically given to the person who has to re-establish his/her life, post divorce.

Factors considered when granting Alimony in Washington:

  • The standard of living established during marital life is taken into account when the granting alimony in Washington.
  • The duration of marital life plays a major role in granting alimony.
  • When granting alimony the emotional and physical state of the spouse as well as their age is taken into account. After going through all the documents, the final verdict is given by the judge.
  • The earning potential and work experience of each spouse also has a great influence when taking the final decision regarding spousal maintenance amount.
  • The duration needed by one partner to attain training to become self reliant or employed is decided so that the time period of giving alimony can be finalized.
  • The financial sources of each party are to be mentioned.
  • Life style and standard of living experienced in marital life makes a huge difference as the judge makes sure that the standard of living is maintained even after divorce.

Termination of Alimony

When the recipient spouse dies or remarries, the alimony payments get terminated. However, each case is unique and there are some exceptions.

Rehabilitative Alimony is never for a permanent period. The aim of this alimony is to equalize the standard of living of both spouses. Hence, only while the recipient is studying or learning to become self sufficient, this alimony is disbursed. After the partner becomes self efficient, this maintenance is stopped. Most of the times, this type of alimony is granted to the couple so that it does not leave a huge burden on one of the partners.

Impact of the duration of marriage on Washington Alimony

The divorce laws in Washington grant spousal support on the basis of the "economic partnership model". The main point to be considered here is the duration of marital life. When this duration is less than 5 years, spousal support is rarely granted and if granted, it is for genuine reason, where the divorced partner has no means of starting life a new.

If one spouse is unemployed and has no means for a living after divorce, then alimony is awarded, even if the marriage lasted for less than 5 years. However, this award specifies that the payment should be made for a finite number of months or until the needy spouse gets full time employment. If within the stipulated duration, the needy spouse does not become employed, this spouse may file a petition in the court for extension. However, it must mention a good cause for the extension.

If the marital life has continued for 20 years or more, then there is almost a guarantee that alimony would be awarded. The aim of the court in such cases is to maintain the financial standing of the parties seeking divorce at a constant level for a long time post divorce.

There are certain analytical rules to observe regarding spousal support. It is crucial for the needy spouse to win at the lower levels of court. This spouse should never set a perspective that they might appeal at the higher levels if the lower levels of court make the wrong decision. The issue of alimony is not akin to corporate or tax law to think in this manner.

Awarding alimony is one of the biggest tasks for the judge as he has to make sure that the decision is taken in favor of the correct person. Also, the couple should make sure that the right documents and evidences are provided in the court. This can be done with the help of an attorney as only he can help the couple get the things that they deserve.

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