Spousal Support Lawyer Near Me

When pursuing a divorce, the question of finances may arise as a significant issue. If you are concerned about receiving proper financial support and are looking for a Seattle spousal support lawyer near me law firm, reach out to our local family law firm for help. At S.L.Pitts, we advocate for you and your family’s needs to help you receive the best outcome after your divorce.

Understanding Spousal Support in Seattle, WA

In Washington State, spousal maintenance, also known as alimony or spousal support, refers to the financial provision one ex-spouse may be required to provide to the other following a divorce. This support aims to address situations where one party’s financial well-being is significantly impacted by the dissolution of the marriage.

Under Revised Code of Washington (RCW) 26.09.090, Washington law allows for maintenance awards when a divorced individual lacks the financial means to maintain the lifestyle they enjoyed during the marriage, and also lacks the necessary work skills to achieve that standard on their own. While a maintenance order provides ongoing financial assistance, it is not necessarily permanent. Maintenance agreements can be modified or terminated as circumstances change, reflecting the dynamic nature of post-divorce financial realities.

The specifics of a maintenance award, including its duration and amount, are largely influenced by the length of the marriage. There are three lengths that are considered: short-term marriages (less than 5 years), medium-term marriages (5-25 years), and long-term marriages (over 25 years). Speak with our spousal support attorneys near you if you have questions about how the length of your marriage may affect your ability to receive spousal support.

Spousal Support in Short-Term Marriages

For marriages lasting less than five years, Washington courts generally aim to restore both parties to the financial positions they held prior to the marriage. This approach seeks to undo the financial intertwining of the marriage, as if it never happened. Even if one spouse clearly needs financial assistance and the other has the ability to pay, a court is unlikely to order long-term spousal maintenance after a very brief union, especially if both individuals are healthy and capable of employment.

It is quite common for courts to order temporary spousal support during divorce proceedings in these situations. This can create a dynamic where the recipient of the temporary support may become financially incentivized to prolong the divorce process. Diligently moving the case forward to ensure all necessary steps are completed can help prevent motions to prolong the period of temporary spousal support.

A more efficient strategy for the party paying temporary alimony in these situations is to consider a buyout of the remaining temporary payments. This involves calculating the amount of temporary support due between the desired settlement date and the anticipated trial date, and paying it as a lump sum. This ensures the temporary support is paid, but helps the paying party avoid ongoing legal fees associated with prolonged litigation and saves both parties the stress and cost of extensive pre-trial preparations.

Medium-Term Marriages and Spousal Support

Marriages falling within the 5-to-25-year range present the most unpredictability regarding spousal maintenance awards. In these cases, judicial officers in Washington State exercise considerable discretion, leading to decisions that can sometimes appear inconsistent. This lack of uniformity can, unfortunately, prolong litigation and increase the likelihood of contested trials, adding stress and expense for the divorcing parties.

Despite this variability, courts and attorneys often rely on some general guidelines when evaluating spousal support awards for medium-term marriages. Courts in Washington State frequently award one year of alimony for every three to four years of marriage. While this formula is not explicitly mandated by statute or case law, it is a widely recognized and often applied principle, offering a general expectation of what courts might do in the absence of other compelling factors. If you have questions regarding your specific circumstances, read our FAQs about divorce or contact our attorneys for further guidance.

Spousal Support in Long-Term Marriages

In contrast, for marriages spanning 25 years or longer, courts typically aim to establish financial equality between the parties for the remainder of their lives, or at least until both parties reach retirement age. The fundamental idea here is that after such a substantial commitment, the spouses should be recognized as financially equal partners, and their post-divorce financial standings should reflect this shared history and contribution.

In long-term marriages, it is common for marital assets to be divided equally (50/50) and for any income disparities to be balanced through a significant spousal maintenance award, which often continues until both parties are retired. This approach acknowledges the sacrifices and contributions made by each spouse over the course of decades, which often include one spouse supporting the other’s career or assuming primary caregiving roles.

Determining Spousal Maintenance Based on Needs and Ability

Washington State courts determine the amount and duration of spousal maintenance by considering an analysis of the parties’ respective needs versus their ability to pay. This framework attempts to achieve a fair and equitable outcome, balancing the financial circumstances of both divorcing spouses. Considerations that factor in may include:

Financial Resources and Self-Sufficiency of the Requesting Party: The court will evaluate the individual’s existing financial assets, including any separate or community property awarded in the divorce, and their capacity to independently meet their financial needs. The court also considers whether child support payments include any provision for the requesting parent’s support.
Time for Education or Training: The court assesses how long it might take for the spouse seeking support to acquire the necessary education or training to secure employment that aligns with their skills, interests, established lifestyle during the marriage, and other relevant circumstances.
Marital Standard of Living: The lifestyle established by the couple during the marriage is a key benchmark. The court aims to ensure, where possible, that the requesting spouse can maintain a standard of living reasonably comparable to what they enjoyed before the divorce.
Age, Health, and Obligations of the Requesting Spouse: The court takes into account the age, physical and emotional health, and existing financial commitments of the spouse seeking maintenance, as these factors can significantly impact their earning capacity and needs.
Ability of the Paying Spouse: Crucially, the court examines the financial capacity of the spouse from whom maintenance is sought. This includes their ability to meet their own financial needs and obligations while also providing support to their former spouse.

In essence, the court quantifies the economic need of the spouse seeking support and determines the ability of the other spouse to pay, without jeopardizing their own reasonable financial stability.

Building a Strong Case for Spousal Maintenance in Seattle, WA

When seeking spousal maintenance in Washington State, particularly in medium-term marriages, building a compelling and credible narrative is crucial. The burden falls on the spouse requesting support to demonstrate their need and how the requested financial support will lead them towards independence in the future.

It may be wise to take proactive steps that support your goals within your argument. For example, if you wish to have support while you re-enter the workforce after a period of absence, you may wish to consult with a career advisor, update your resume, attend networking events, or show follow-through before engaging in discussions or trials regarding your spousal support.

Working with a spousal support lawyer near you from our firm can help create a clear plan and actively work towards your financial rehabilitation. This proactive approach bolsters your credibility and provides the court with concrete evidence that the requested spousal support is necessary, but it is a temporary tool for achieving self-sufficiency.

Opposing a Spousal Support Award in Washington State

When you find yourself in the position of opposing a spousal support award in a Washington State divorce, you must maintain your credibility with both the court and the opposing party. Your actions and financial decisions during the divorce process can significantly impact how your arguments are perceived. Avoid any conduct contradicting your financial assertions.

For example, if you are arguing against paying substantial spousal support due to your financial limitations, it would be highly detrimental to your case to purchase a new luxury vehicle, hide property, or take on significant new debt during the divorce proceedings. Such actions can quickly undermine your claims of financial strain and be viewed as disingenuous by the court. A robust defense against a spousal maintenance claim involves several key strategic elements:

Demonstrating the Other Party’s Earning Capacity: If you believe the requesting spouse has a greater capacity for self-sufficiency than they claim, you might need to present evidence of their education, work history, skills, or even available job opportunities in their field. This could involve vocational evaluations.
Highlighting Discretionary Spending: If the requesting party is claiming significant need, but their financial disclosures reveal excessive or unnecessary spending, bringing this to the court’s attention can be a valid way to challenge the extent of their claimed need.
Presenting Your Own Financial Limitations: Clearly and honestly detail your own income, expenses, and financial obligations. The court must balance the needs of both parties, and demonstrating that a significant spousal maintenance award would genuinely impair your ability to meet your own reasonable needs is crucial.
Challenging the Standard of Living: While the marital standard of living is a factor, it does not always mean both parties can maintain it post-divorce, especially if the combined income cannot support two separate households at that level. You might argue for a more realistic assessment of what can be maintained.
Evidence of Non-Compliance or Lack of Effort: If the requesting spouse claims they need time for retraining or education but shows no active steps towards it, or if they decline reasonable job opportunities, presenting this evidence can weaken their argument for rehabilitative support.

Working with a Seattle spousal support lawyer near you can help you devise and implement a successful strategy.

How is Spousal Support Calculated?

While Washington State has helpful calculators to quickly calculate child support, there is no rigid formula for determining spousal maintenance. Instead, courts apply a just and equitable standard based on a comprehensive review. This involves assessing the financial need of the spouse seeking support and the ability of the other spouse to pay. Because of the individualized, factor-based assessment, predicting exact amounts can be challenging. Speak with an experienced spousal support attorney for help presenting a compelling case for your financial needs and advocating for a just and equitable outcome.

Choosing the Right Spousal Support Lawyer Near You

Selecting the right legal representation during your divorce is essential. While many attorneys are able to help with a divorce, when you choose S.L. Pitts, you partner with a firm bringing decades of experience and a profound commitment to fostering stability and healing for you and your family. As a local family law firm in Seattle, WA, our clients benefit from our in-depth knowledge of King County courts. We possess established relationships with court staff and a nuanced understanding of the unique processes of the divorce landscape. This local insight helps us keep your case moving efficiently forward and avoid unnecessary delays.

Our firm consistently places our clients’ interests first, believing that your success is our success. Our core values support empowering you to make informed decisions. We uphold a strong commitment to respect every interaction, whether with clients, opposing counsel, or court personnel. We firmly believe that decisions driven by negative emotions like pride, arrogance, or anger rarely lead to beneficial outcomes. By maintaining a respectful and composed approach, we ensure that both our conduct and the advice we provide remain balanced, reasonable, and focused on the best possible resolution for your situation.

If you are currently considering a divorce in King County, contact our spousal support lawyers to help make sure you and your family receive the best possible outcome so you can continue to move on with rebuilding your life.

Get Legal Guidance from Our Seattle Spousal Support Lawyers Near Me Law Firm

Facing a divorce can bring immense uncertainty, especially financially. A spousal support attorney at S.L. Pitts will provide tailored advice, helping you understand your options within your divorce and how you can work toward your desired outcomes. Contact us online today to schedule a consultation where we can discuss your priorities and what the most effective path forward is for you and your family.