Seattle Spousal Support Lawyer
During a divorce, either spouse has the right to request spousal support to help offset financial difficulties. These requests may not always be granted, so hiring a Settle spousal support lawyer can help optimize your case in this matter. Whether you are the intended recipient or the spouse potentially paying, legal representation is important for navigating the legal process.
S.L. Pitts guides you through the various requirements and negotiations associated with our Seattle spousal support lawyer matters. The outcome of these requests can vary considerably, so a Seattle divorce attorney can help ensure you have the advocacy and resources you need throughout your case for favorable results.
The Purpose of Spousal Support
According to the Washington Courts’ Family Law Handbook, spousal support, also known as alimony, is financial support that one spouse pays to the other spouse during or after a divorce. Alimony requests for longer marriages are more likely to be granted than for marriages that last only a couple of years. Financial independence is the underlying goal of spousal support, which is why it is decided on a case-by-case basis. Marital misconduct does not play a role in deciding spousal support.
Spousal support is decided and finalized by the court. The purpose of support is to assist spouses who may be in a difficult financial position caused by the divorce. Maintenance orders are generally not permanent, but are used to bridge a gap caused by the loss of marital financial income. These cases can be complex and should be handled with the aid of spousal support lawyers in Seattle, WA. They have extensive experience in these matters and are familiar with how the Washington courts handle them.
Common Factors Considered When Determining Spousal Support
During a divorce, a spouse may petition the court for spousal support and must provide the reason for their request. The court will review the petition and consider several factors before deciding whether or not to grant the request. The decision is up to the discretion of the judge presiding over the case, and they are not obligated to grant the request. According to RCW 26.09.090, the court will take the following factors into consideration when hearing the case:
- Age and health of the spouse requesting support
- The length of the marriage
- The financial capacity and ability of the requesting spouse to work and support themself
- The capacity of the requesting spouse to gain the necessary education and training to secure work
- Lifestyle during the marriage
- Financial capacity and the ability of the other spouse to provide support
Spousal support is a complex matter that is impacted by a variety of factors, but these are some of the most important ones a lawyer will consider. They can influence a spouse’s eligibility and even how much they may be able to receive if their request is granted. These elements also provide a clear picture of the economic situation of the couple.
Types of Spousal Support That May Be Awarded in Washington
Washington allows different types of spousal support to provide for different needs. Each one serves a different purpose and is ordered based on the circumstances and needs of the couple involved. Your lawyer can help you determine which type of spousal support you may be able to request or are likely to receive in your situation. Below is a closer look at the four types of spousal support that may be requested.
Temporary Spousal Support
Temporary spousal support is generally paid during the divorce process. Since both spouses are still legally married, they must support each other as needed until the divorce is finalized. If the couple is mismatched financially, temporary spousal support can help equalize the status of each spouse throughout the divorce. Temporary spousal support orders may last for up to a year to fully cover the length of time it takes to finalize the divorce.
Rehabilitative Spousal Support
Rehabilitative spousal support may be used temporarily to help one spouse gain the necessary skills, training, and education needed to become financially independent. For example, if one spouse has not worked for a significant portion of the marriage, they may assist while finding employment or gaining new skills in order to secure employment and sufficient income. The duration of support will likely reflect the time needed to complete vocational rehabilitation.
Permanent Spousal Support
Permanent spousal support is the longest type of spousal support, and is generally reserved for couples who have been married 25 years or more. A spouse’s age, health, or earning capacity may be reduced and make it more difficult to support themselves. Additionally, couples from long-term marriages are more likely to contribute to the marriage to a greater degree and have become more financially dependent on each other, so they are more likely to be treated as equals regarding spousal support orders.
How Spousal Support Is Calculated Once the Request Has been Approved
Unlike child support, there is no specific formula calculation that the court must follow. Instead, spousal support is determined by evaluating the economic situation of both spouses. A judge will use the factors listed above to determine that the requesting spouse has a genuine need and the paying spouse has the means to provide the support. The need and ability to pay are the primary focus when determining spousal support, payment amounts, and duration.
While a judge will issue a spousal support order, some negotiations between spouses and with the courts may be necessary. A Seattle spousal support attorney can help facilitate terms that are agreeable to both spouses and find options that do not cause financial hardship for either party. Your lawyer can also advocate for you before the court to help you secure support and work out satisfactory terms.
Several Factors Impact the Duration of Spousal Support Awards
If the court grants a spousal support request, it will dictate how long payments are to be made. They could be temporary or more long-term, depending on the circumstances involved. The duration of a marriage plays a considerable role in the issuance and duration of spousal support payments.
Requests for alimony in marriages that have lasted 25 years or more are the most likely to be granted. The court recognizes that couples have grown, contributed, and shared much of their lives together. They also understand that many couples have fully integrated their lives, and a spouse may come to depend on the other for income. It may also be difficult for a spouse to start over on their own financially, especially depending on their work situation.
In these situations, the court will work to ensure both partners are treated equally. This can be accomplished through asset division and/or alimony payments, and is designed to sustain both parties through to retirement.
Additionally, the shorter the marriage, the less likely it is that spousal support will be granted. Washington generally awards a year of spousal support payments per 3-4 years of marriage. While not guaranteed, this means that couples who have been married between 5 and 25 years have higher chances of having their petitions granted than marriages who have been married for 5 years. Regardless, spousal support payment terms are generally finite and provide temporary assistance.
Reasons Why Spousal Support Requests May Be Denied
There are several reasons why an individual’s request for spousal support may be denied, but the biggest reason is a lack of financial need on the part of the requesting spouse. If they have sufficient funds, resources, and employment to support themselves, they will more than likely be deemed ineligible.
If the spouse who would make alimony payments does not have the means or ability to provide support, this could also result in a denial. Their financial capacity is reviewed just as closely as the petitioning spouse’s financials are. Payments should not cause undue financial strain on this individual and prevent them from being able to support themselves.
Spousal Support Can Be Impacted by Different Aspects of a Divorce
Because spousal support is up to the discretion of the courts, other aspects of a divorce may take priority and impact whether or not spousal support is awarded and how much. For example, in a divorce where a couple has kids together, they are both required to share in the costs of supporting and raising the child. Child support payments could impact the financial capacity of a spouse and leave them without the means to provide spousal support.
Additionally, the breakdown of assets divided between both spouses during a divorce can potentially have an impact on spousal support requests. After assets have been divided, a spouse can be left in a vulnerable position. However, depending on the marital assets they receive, as well as any separate property they may retain, it could also reduce their need for spousal support. Since financial need is the basis of alimony, it can be the deciding factor both in granting these requests and in determining how much may be paid.
Modification Requests Can Be Filed with the Court in Select Circumstances
If either party’s circumstances or finances change considerably while a spousal support order is in effect, a modification request can be made. Either party may submit a petition to the court asking for the support payments to be adjusted. Generally, if income has increased or decreased significantly, it provides grounds to change the sum and/or duration of payments. Some support orders may be barred from modifications, so consulting your lawyer during the initial request and modification petition is essential.
Additionally, according to RCW 26.09.170, maintenance support payments can be ended if either spouse dies. An order can also be modified if the spousal support recipient remarries or enters into a domestic partnership. In any situation, it is important to follow the proper channels to request changes. Support orders are binding and enforceable by law, so making adjustments independent of the court violates the terms of support.
Protect Your Finances and Prepare for Taxes When It Comes to Spousal Support
A divorce and spousal support payments can significantly impact the finances of both spouses. The spouse requesting alimony may be unable to independently support themselves, and the spouse making payments must uphold their financial obligations stated in a support order. Regardless of what stage you are in, there are three primary ways to protect your finances during divorce.
Monitor Your Financial Situation
Be sure to take stock of your finances and know what you have so you can have an accurate picture of your situation, your needs, and capabilities in relation to spousal support. Similarly, be aware of your credit usage and availability. If you are receiving support, work on building your credit along with other aspects of your finances. If you are making payments, monitor your credit usage to ensure you are not over-leveraged.
Be Mindful of Your Taxes
Spousal support orders also have an effect on your taxes. When filing your federal taxes, the year your support payments went into effect makes a difference. For agreements that went into effect in 2018 or earlier, the paying spouse can deduct alimony, and the receiving spouse can include it as income. However, all agreements signed in 2019 or after can be considered neither deductible nor income.
Tax codes change regularly, and every couple’s financial situation is different, so it is important to talk with our spousal support attorneys in Seattle, WA as well as your trusted financial advisor. It is important to be prepared for the ramifications that spousal support can have on your life in these ways.
Contact Our Seattle Spousal Support Lawyer Law Firm
Alimony requests impact both parties, and it is important to have an experienced and skilled attorney who can negotiate terms that are fair and satisfactory to both of you. Regardless of whether you are initiating the request or are the recipient of it, S.L. Pitts helps you navigate the legal process and advocates for you. When you work with our team, you will receive exceptional service and reliable counsel. Schedule a consultation today to discuss your case when you contact our Seattle office.