How is Spousal Maintenance/Alimony Determined

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Spousal Maintenance (or Alimony) is financial support paid from one spouse to the other spouse under specific circumstances that is not Child Support but can be in addition to Child Support. RCW 26.09.090 sets forth the factors the Court is to consider when determining whether to award spousal maintenance or alimony. Unlike Child Support, the legislature has not determined a schedule for the amount of Spousal Maintenance or Alimony that is paid but has left this determination up to the discretion of the judicial officers on a case by case basis.

The factors the judicial officers considers include the need of one spouse to receive financial assistance from the other spouse and the ability of the other spouse to pay financial support. Other factors pursuant to RCW 26.09.080 include:

(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;

(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his skill, interests, style of life, and other attendant circumstances;

(c) The standard of living established during the marriage;

(d) The duration of the marriage;

(e) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and

(f) The ability of the spouse from whom maintenance is sought to meet his needs and financial obligations while meeting those of the spouse seeking maintenance.

The benefit to the payor spouse of spousal maintenance is that it is tax deductible. However, the payee spouse must report the spousal maintenance as regular income on his/her income tax return. Like the division of property, the Court is precluded from considering marital misconduct when determining whether or not to order spousal maintenance.

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Child Custody

A Parenting Plan also provides for decision making authority for both parents and determines if there are any other provisions that are important to you and in the best interests of your children. You can either agree to a Parenting Plan, or a judicial officer will make findings and impose a Parenting Plan on both parents after a contested hearing or trial. It is important for you to have an experienced attorney to negotiate and if necessary, litigate a parenting plan that is appropriate for you and your children. Call one of our seasoned TLC trial attorneys at 1-425-348-6723 to discuss likely provisions for your specific Parenting Plan. Please visit our home page for additional information about our divorce lawyers.

Dividing Retirement

While except under specific circumstances the money can still not be accessed by either spouse for spending without suffering a tax penalty, the account can be divided and a portion transferred to the alternate payee spouse without tax penalty for the transfer. For example, some 401k plans are exempt from the 10% penalty provided the transfer is occurring incident to a divorce. Thus, two retirement accounts are created where previously there was only one account without penalty to either spouse by way of a Qualified Domestic Relations Order. At TLC, an experienced family law attorney can assist you in drafting and obtaining your Qualified Domestic Relations Order. Please visit our home page (www.tlclawco.com) for additional information about our divorce lawyers.

How will the court divide the property and liabilities?

The Court in your dissolution of marriage proceeding is required to divide the property and liabilities in an fair and equitable fashion, without consideration of marital misconduct. This is the concept of a no fault divorce. Specifically, RCW 26.09.080 provides the Court authority based on specific factors to divide the marital property. Those factors include (1) The nature and extent of the community property; (2) The nature and extent of the separate property; (3) The duration of the marriage; and (4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.

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