Can Spousal Support Be Enforced By The Court In Washington?

In Washington, spousal support, also known as maintenance, is court-ordered payments intended to lessen financial hardship for dependent spouses after divorce. The purpose of alimony can vary depending on the length of the marriage, with some being an “economic reset” for short-term marriages. In Washington, spousal support is referred to as “maintenance” and the laws governing alimony also apply to former domestic partners.

There are three types of spousal maintenance: temporary support, short-term maintenance, and long-term maintenance. Judges in Washington can award temporary support when one spouse requires financial assistance from the other during legal proceedings. Maintenance should be no more than 25 of the total marriage, and there is no statute or case law in place. In some cases, the court can award spousal support indefinitely.

The Washington Supreme Court held that a trial court must consider a requesting spouse’s need for support before courts will generally allow a spouse to waive their right to support so long as the waiver is made knowingly, willingly, and without duress or intimidation. 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).

In Washington, failure to pay child support is a gross misdemeanor under Washington State’s laws and can constitute a violation of federal law in some circumstances. To enforce spousal support, you can modify the existing support order or enforce a court-ordered support agreement. Contact a Washington state lawyer experienced in spousal support to learn more about the process and potential consequences for not obeying alimony orders.

What Are Spousal Support Laws In Washington?

In Washington State, spousal support, known as "maintenance," encompasses the financial aid provided by one spouse to another during or following a divorce. The law mandates two main types of alimony: temporary maintenance during the divorce proceedings and post-divorce maintenance for a defined period. Courts may issue maintenance orders based on the requesting spouse's financial needs and the other spouse's ability to pay. Typically, spousal support is not automatic—it necessitates judicial consideration of both spouses' financial circumstances.

Judges can award three types of spousal maintenance: temporary support, short-term maintenance, and long-term maintenance. A common guideline is that courts may grant one year of alimony for every three to four years of marriage, although there’s no formal statute for this duration. Furthermore, both spouses, regardless of gender, are eligible to request maintenance if financial need and capability exist.

Spousal maintenance is essential for enabling the dependent spouse to maintain a similar lifestyle post-divorce, at least for a limited timeframe, influenced significantly by the length of the marriage. This overview highlights the complexities of spousal support laws, essential for anyone navigating divorce proceedings in Washington. Understanding these laws is crucial to achieving a fair resolution regarding spousal support in 2024.