What factors go into determining alimony payments?

Asked over 2 years ago - Issaquah, WA

I'm having a hard time understanding if alimony is just determined by my spouse's salary, or if assets and savings counts are also counted.

Attorney answers (3)

  1. Dave Hawkins

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Washington state does not use the term alimony, but maintenance. The factors are clearly set out in RCW 26.09.090:

    (1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to:

    (a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her 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 or her skill, interests, style of life, and other attendant circumstances;

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

    (d) The duration of the marriage or domestic partnership;

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

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

    The information is for general information purposes only. Nothing stated above should be taken as legal advice for... more
  2. Frances Turean

    Contributor Level 16

    1

    Lawyer agrees

    Answered . It is based on need versus ability to pay and the length of the marriage. I would come up with a list of what it costs to run your household, as well as a list of all assets and debts you and your husband have. Take this to an attorney and ask them what you can reasonably expect.

  3. Peter William Mogren

    Contributor Level 8

    Answered . The Washington statute, RCW 26.09.090 spells out the factors the court is to consider. It is based principally on need versus ability to pay. Those are broad factors. Property division and spousal maintenance are closely related, as they are the 2 tools that the court can use to allow the parties to leave on an equitable basis.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Determining Ongoing Maintenance and Support

Ongoing maintenance and support comes in a variety of forms. The most common form is alimony, though it may also be a lump sum payment.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,752 answers this week

3,024 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,752 answers this week

3,024 attorneys answering