What is Alimony in Washington State?
When a marriage ends in Washington State, one spouse may be ordered by the court to pay the other spousal support, often called alimony. Legally, in Washington, it’s referred to as spousal maintenance.
Unlike some other states, Washington doesn’t have a specific formula for calculating alimony. Instead, decisions about spousal maintenance are made on a case-by-case basis, based on a judge’s discretion.
This article provides a comprehensive overview of alimony laws in Washington State, the factors that influence how it’s awarded, and some practical things to consider if you’re facing a divorce.
Key factors influencing alimony awards
When a Washington State court decides whether spousal support is warranted, there are several factors at play.
Financial circumstances
A key factor is each spouse’s income and their ability to earn money. The court will look at current earnings, possible future earnings, job skills, and education. A spouse’s earning potential is particularly important if they earn less than their spouse.
The court will also evaluate each spouse’s resources and financial needs, including their assets, debts, and the cost of basic living expenses.
Marriage-related factors
The length of the marriage will influence both the amount and the duration of alimony payments. Washington State courts usually divide marriages into three categories: short-term (less than 5 years), medium-term (5 to 25 years), and long-term (over 25 years).
The lifestyle the couple enjoyed during the marriage is another consideration. The court may also consider each spouse’s contributions to the marriage, including childcare and managing the household.
Personal circumstances
The age and health of each spouse will be factored into the decision. However, marital misconduct such as infidelity or abuse will not affect alimony, because Washington State is a “no-fault” divorce state.
Types of Alimony in Washington State
Washington courts can award alimony in a divorce case. Here are the main types:
- Rehabilitative Alimony: This type of support helps a spouse get the education or training they need to support themselves. The goal is to help them become financially independent.
- Maintenance Alimony: A court might order this type of alimony if one spouse can’t become fully self-supporting, perhaps due to a long marriage or health problems. It provides ongoing support.
- Temporary Alimony: Courts can order temporary support during the divorce process. It’s meant to maintain the status quo until the divorce is final and then it stops.
How long does alimony last in Washington state?
How long alimony lasts depends a lot on how long the marriage lasted. If the marriage was short, and both spouses are financially stable, the court may not order any alimony at all.
As a general rule, Washington courts sometimes order one year of alimony for every three to four years of marriage. But this is just a rule of thumb, and the actual duration can vary quite a bit.
For very long marriages (25 years or more), alimony may last until the recipient retires or dies. The goal in these cases is often to help each spouse achieve a similar level of financial stability.
Modifying or ending alimony
Washington courts can modify alimony arrangements if one spouse experiences a significant change in circumstances. This often includes a major change in income or health. The person asking for the modification has to show that the change was significant and unexpected.
Alimony usually ends when one spouse dies, or if the recipient remarries. However, divorce decrees can include language that prevents any future modifications to the alimony agreement. It’s also worth noting that some alimony agreements are for a fixed amount of time, after which payments automatically cease.
How does alimony affect taxes in Washington State?
The rules around alimony and taxes changed in 2018, thanks to the Tax Cuts and Jobs Act.
If your divorce was finalized after December 31, 2018, the person paying alimony can’t deduct those payments from their taxes. The person receiving alimony doesn’t have to report it as income.
It’s important to understand these tax rules when you’re negotiating an alimony agreement with your spouse.
Wrapping Up
Washington State’s alimony laws can be complicated, and the decisions you make during your divorce can have a lasting effect on your finances.
That’s why it’s important to talk with an experienced family law attorney who can help you understand your rights and responsibilities. With legal representation, you can rest assured that your interests are protected throughout the divorce process.
You should also gather all your financial records and prepare to present evidence of your financial needs and circumstances to the court. The more prepared you are, the better the outcome is likely to be.