10 Jul Requesting Spousal Support in a Washington Divorce
Going through a divorce is hard enough without trying to decode the financial side of things on your own. If you relied on your spouse’s income during the marriage, or if you are the higher earner wondering what you might owe, requesting spousal support in a Washington divorce is something you need to understand. Here is what Washington law says and what that means for you.
What Spousal Support Is
In Washington, spousal support goes by the legal name “spousal maintenance.” Under RCW 26.09.090, a court can order one spouse to pay the other a set amount for a defined period. The payments allow the spouse who makes less maintain a reasonable standard of living while they get back on their feet.
Who Can Request Spousal Maintenance
Either spouse can request maintenance. Washington courts do not base maintenance decisions on gender. What matters is the financial picture: your income, your standard of living during the marriage, and your earning potential going forward.
What Courts Look At
Washington judges weigh several specific factors when deciding whether to award maintenance and for how long. RCW 26.09.090 outlines them as follows:
- the financial resources of the requesting spouse, including any separate property they hold
- how long it will take for that spouse to become self-supporting through education or training
- the standard of living established during the marriage
- the length of the marriage
- the age, physical condition, and financial duties of each person in the marriage
- the ability of the paying spouse to support themselves while making payments
No single factor controls the outcome; courts look at the full picture.
How Long Maintenance Lasts
Spousal maintenance can last for a few months or a lifetime. Though there is no standard formula for deciding the length in Washington State, it usually depends on the length of the marriage. For example, in a 3-year marriage, the receiving party might be awarded just enough support to reenter the workforce. But in a 20+ year marriage where one spouse was not in the workforce, that typically produces a much longer or even permanent award. The court has broad discretion here, which is why the specific facts of your situation carry so much weight.
Collaborating With Your Ex
You do not have to let the court decide if you or your current spouse receives spousal support and how much. Instead, you can negotiate a maintenance agreement outside of court and include it in your divorce settlement. Many couples do this. If both parties agree and the terms are fair, the court will generally approve it.
Get the Right Help on Your Side
Requesting spousal support in a Washington divorce is not a one-size-fits-all process, and the outcome depends on how well you present your situation. To make your case best, work with a spousal support attorney. At LaCoste Family Law, we can help you build the strongest case for your circumstances, whether you are requesting support or responding to a request.