How Do You Qualify for Alimony? Key Factors & Eligibility

Divorce can involve complicated emotions and reshuffling of finances. We know these changes can feel heavy. At Jackman Law Firm, we’ve been supporting individuals through family law cases since 2014, and we understand the worry you may feel about paying or receiving alimony.

Our goal here is to explain how spousal maintenance (also called alimony) is handled in Washington so you can walk into the process feeling more confident about what lies ahead.

What is Alimony in Washington?

Washington courts use the term “spousal maintenance” instead of “alimony,” but the concept is the same. The term refers to payments made from one spouse to the other after marriage or partnership ends. It’s a way to assist the spouse who may need extra financial support to regain or maintain stability after the relationship ends.

This financial help is not meant to punish one spouse. Instead, it’s there so the spouse in need can pay for basic living costs or get training or education if required. Maintenance is also neutral toward who caused the divorce since Washington is a no-fault divorce state.

Eligibility Factors for Spousal Support

Courts in Washington do not rely on a rigid formula for deciding spousal maintenance. Instead, judges look at different factors that help them figure out how much support is appropriate. Some of these factors follow below.

Needs and Ability to Pay

The court first checks if the spouse requesting help needs it and whether the other spouse can afford it. If one spouse struggles to meet living expenses, that can support a maintenance request. At the same time, the paying spouse must be able to cover these payments while still meeting personal financial obligations.

Courts often look at each spouse’s income, recurring costs, and overall budget. This analysis can involve tax returns, pay stubs, and a closer look at both parties’ daily expenses.

Length of the Marriage

Marriage duration matters a lot. Generally, short marriages might lead to short-term support or none at all. Longer marriages tend to see more support, possibly for several years, especially if the lower-earning spouse has limited job opportunities after years out of the labor force.

Judges often lean on the idea that the longer the union, the stronger the financial reliance might have been. This concept often guides them on how long maintenance should last.

Living Standards During Marriage

A court may try to let both parties keep a similar way of life, though that’s not always possible. If the marriage’s lifestyle is comfortable, the judge may grant more support to help the financially dependent spouse adjust as smoothly as possible.

The focus is on fairness. A spouse who helped care for children or managed the home, giving up income potential, is more likely to get maintenance.

Age, Health, and Earning Potential

Age and well-being can play a part in determining how much a spouse can earn. Courts look at whether a spouse’s physical or emotional condition impacts job prospects. If schooling or training is needed to land suitable employment, the time and expense for that training may influence how long or how much maintenance is granted.

A spouse in fragile health might struggle to work full-time, which can support a request for more extensive or longer-duration payments.

Financial Resources and Obligations

Courts also consider any property or investments the recipient has. If that spouse owns assets that generate income, the judge might factor that in when deciding on the final award. Another relevant aspect is whether the paying spouse can maintain personal expenses while providing funds to the other spouse.

The overall assessment is about balancing both parties’ situations in a fair manner. One spouse might have debts, childcare costs, and other fixed expenses that reduce the ability to contribute large sums of maintenance.

Types of Spousal Maintenance in Washington

Washington has various types of spousal maintenance. Which type applies depends on your situation and the court’s view of your needs and resources.

Temporary Maintenance

This kind of support lasts only while the divorce case is ongoing. It helps the lower-earning spouse cover essential bills until all details of the divorce are sorted and a final decree is entered. Once the marriage formally ends, the court may order a different support arrangement or end payments entirely, depending on the final judgment.

Rehabilitative Maintenance

Rehabilitative maintenance assists the spouse who needs job skills, education, or professional training before living independently. Payments typically cover tuition or living costs during this transitional period. The aim is to support that spouse long enough to build a stable foundation and start meeting day-to-day costs without ongoing assistance.

Long-Term or Indefinite Maintenance

Long-term maintenance may apply in marriages of over 20 or 25 years. Courts may award indefinite support if the spouse requesting it faces advanced age, fragile health, or years spent away from the workplace. A typical example is a spouse who cared for family and has no recent work history, making a quick job search or a professional pivot more challenging.

Payment may continue until big life changes occur, such as retirement of the paying spouse or the receiving spouse remarrying. These shifts might affect how much is owed.

How the Length of Marriage Impacts Spousal Support

Judges in Washington place great weight on how long the marriage lasted. This factor tends to influence the duration and amount of maintenance more than almost anything else.

Short-Term Marriages (Under 5 Years)

When marriages last fewer than five years, spousal support may be shorter and smaller. Courts aim to place each spouse back in the position held before the marriage. Maintenance often ends once the lower-earning spouse can find a steady income.

It might cover a few months of bills or help the spouse find housing. Once that short transitional period passes, payments typically stop.

Mid-Length Marriages (5-25 Years)

For these marriages, judges often use a rough guideline of one year of maintenance for every three or four years married. This guideline is not a hard requirement, but it’s a reference point. Courts can fine-tune support based on health, age, and available resources.

Some judges begin with a higher monthly amount to allow the dependent spouse to train or job-hunt. Then the payment may phase out over time.

Long-Term Marriages (Over 25 Years)

In unions lasting 25 years or more, courts often treat the spouses as if they mutually built a life over a long period. Maintenance may be indefinite or until certain life events occur, such as retirement or the receiving spouse’s remarriage.

This approach aims to provide security for a spouse who may not have worked outside the home or has limited prospects. The result is often a more substantial monthly sum for a longer period.

Other Considerations in Determining Spousal Support

Judges will blend the marriage length with other circumstances. Even if a spouse requests help, the judge might adjust the payment based on whether that spouse stepped away from a career to support the family, the presence of any medical concerns, or whether the paying spouse can pay for two households without undue hardship.

Here are a few additional points often weighed in court:

• Whether one spouse gave up schooling or career goals during the marriage
• Any patterns of abuse that caused lasting effects
• The presence of children whose expenses factor into daily budgets

Every case has its unique dynamics, which is why spousal maintenance decisions can vary. The ultimate goal is to reach a fair outcome.

Sample Durations and Possible Maintenance Outlook

Spousal Misconduct: Does It Affect Alimony?

In Washington, a spouse’s troublesome behavior is not a direct reason to grant or deny maintenance per RCW 26.09.090. Courts do not use spousal support to punish any spouse. Yet, misconduct may become relevant if it impacts an individual’s capacity to earn money.

For example, a spouse dealing with long-lasting mental or physical damage from harm in the marriage might need more financial help. It’s not about fault for the breakup but rather how circumstances affect the spouse’s finances.

Modifying or Terminating Spousal Maintenance

Under RCW 26.09.170(1)(b), either spouse can recognize a major change in financial matters (like job loss) and ask the court to modify spousal maintenance. The judge will look to see if there is a real shift that justifies increasing, decreasing, or ending the payments.

In many cases, payments automatically end if the receiving spouse remarries or if either spouse passes away unless a prior agreement says differently. That’s why it’s wise to stay mindful of any future financial adjustments if you’re responsible for continuing spousal support.

Contact Jackman Law Firm for Guidance on Spousal Maintenance

Our firm has helped individuals find answers to pressing alimony questions for nearly a decade. We believe in standing by families and working toward resolutions that respect everyone’s needs. If you want to discuss your circumstances, call us at 206-558-5555 or connect with us on our Contact Us page. We welcome the chance to hear about your situation and commit ourselves to safeguarding your rights so you can feel more at ease about the way forward.