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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