By
Joseph Pandolfi, Retired Judge
Alimony (called "maintenance" in Washington) is intended to provide some financial assistance for a spouse who may need it during the divorce process and for a period of time after the final divorce. If you or your spouse is (or will be) requesting alimony as part of the process of
filing for divorce in Washington, you should understand how maintenance works and how judges make alimony decisions—even if you hope to reach an agreement on the issue and avoid a trial (more on that below).
Washington law provides for only two types of alimony:
- temporary maintenance while the divorce case is in progress, and
- maintenance for a certain period of time after the divorce is final.
That said, a spouse's misconduct might play a role in a maintenance award if it affected the other spouse's need for alimony—for instance, if domestic violence has caused ongoing harm to a spouse's physical or mental condition, and thus hinders that spouse's ability to make a living.
Either spouse may request alimony, regardless of gender. Typically, if one spouse needs financial help and the other can afford to pay it, the judge will order the higher-earning spouse to pay alimony to the lower-earning spouse.
Most maintenance awards call for periodic payments (typically monthly or every two weeks), but there are different ways of making those payments, depending in part on whether the couple has dependent children.
- When there's also a child support order in the case, the paying spouse must send both the maintenance and child support payments to the Washington State Support Registry, unless the judge has approved the spouses' agreement for an alternate arrangement.
- If the couple doesn't have any dependent children, the judge may order that the maintenance payments go either directly to the receiving spouse or to the court clerk, who will then forward the money to the receiving spouse.
(Wash. Rev. Code § 26.09.120 (2023).)
If your spouse isn't meeting the court-ordered payment schedule, you may ask the court to
enforce the maintenance order by filing a formal motion (written legal request). You can request an order that payments be withheld from your spouse's wages. You might also request that a judge hold your spouse in contempt of court, which could result in substantial fines or even jail time for the delinquent spouse.
Temporary alimony ends when the divorce is finalized. The divorce decree will state when other alimony awards will end.
Unless both spouses agree in writing, or the divorce decree states otherwise, any spousal maintainence will end when:
- either spouse dies, or
- the receiving spouse remarries or registers a new domestic partnership.
(Wash. Rev. Code § 26.09.170(2) (2023).)
Either spouse may ask the court to
modify or terminate spousal maintenance, unless the couple had a written agreement providing otherwise (more on that below). But in order to succeed with a modification request, a spouse must be able to prove that there's been a substantial change of circumstances, such as involuntary loss of a job or an income increase. (Wash. Rev. Code § 26.09.170(1)(b) (2023).)
Be aware that in most situations, unless you and your spouse have an agreement about the proposed changes, alimony modification proceedings involve complicated legal issues that are best handled by an experienced family law attorney.
If your divorce was final before 2019, the paying spouse may continue to deduct alimony payments for purposes of federal income taxes, and the receiving spouse must report those payments as income. However, for all couples who divorced after 2018, the federal Tax Cuts and Jobs Act
eliminated any tax deduction or income reporting requirements for alimony. That means the Internal Revenue Service won't count these payments as income for the recipient, and the paying spouse won't get the deduction.
As with all other issues in your divorce, you and your spouse always have the option of reaching a
settlement agreement (known as a "separation contract" in Washington) that addresses whether one of you will pay alimony and, if so, how much the payments will be and how long they will last.
If you're having trouble agreeing,
divorce mediation might help you resolve your differences. And if you're hesitant about negotiating a compromise, it may help to know that going to trial increases the
cost of divorce exponentially, as well as making the process more stressful and take longer.
But if you haven't been able to reach an agreement even after mediation, you will probably need an experienced family law attorney to protect your interests and help you navigate your divorce. Here are some tips on
meeting with potential lawyers and questions you should ask.
Learn how judges make decisions on alimony in Washington—whether to award maintenance, how much, and for how long—and whether you can change an award later.
www.divorcenet.com
An overview of Washington State alimony laws and how judges determine spousal support.
www.survivedivorce.com
Alimony Washington State can be awarded to equalize incomes among divorcing spouses. Read this article to learn who can get it and how it is determined.
www.divorceandfinance.org
So especially, when I get my part of the 401k, just roll it over!