Published on October 10, 2022

How Long Does Alimony Last in Washington State?

Many divorces in Washington State do not address the matter of alimony, but when it is appropriate, it can play an important role in the recipient’s post-divorce ability to support themselves. Alimony is generally set for an amount and duration that allows the spouse who receives it the time necessary to become more financially independent. If you are heading toward divorce and have concerns about alimony, don’t wait to consult with a dedicated Yakima divorce attorney who has considerable experience successfully resolving alimony terms.

How Long Does Alimony Typically Last?

The fact is that the circumstances of every divorce are unique, and as such, the matter of alimony or spousal support and how long it will last when it is ordered is of primary concern for both the payor and the payee. The spouse who is left with the financial responsibility of paying alimony can feel the financial pinch and would generally like its duration to be as short as possible. The recipient, on the other hand, benefits from financial help and typically wants it to last as long as possible. Washington courts attempt to balance the financial rights of both parties within the context of the individual marriage when making alimony determinations.

The Length of the Marriage

The primary determinative factor when it comes to alimony in Washington State is the length of the marriage. Generally, the longer the marriage, the more likely it is that alimony will be a factor and the longer it is likely to last. The State of Washington works within three alimony frameworks in relation to the marriage’s length – in addition to temporary alimony.

Temporary Alimony

This refers to the support spouses are required to provide one another while their divorce is pending. Until the terms of the divorce are finalized, the couple remains married, and their finances remain intertwined. Throughout the divorce process, each spouse is entitled to support themselves financially. If there is a financial discrepancy between the spouses within this timeframe, the court may order temporary support to help ensure that the recipient has the financial assistance they need – even when alimony as a term of the divorce will not be forthcoming.

When temporary alimony is ordered, it can leave the recipient in no hurry to finalize the divorce, which can lead to increased stress and increased legal expense overall. If you are paying temporary alimony, focusing on moving your divorce forward as expediently as possible is generally well advised, and a trusted Yakima divorce attorney can help you with that.

Marriages that Last Fewer than Five Years

For those short-term marriages that last fewer than five years, the goal is typically getting both spouses back to their prior financial standing. Alimony is calculated in response to one spouse’s financial need and the other spouse’s financial ability to provide assistance, but when a marriage lasts only a few years, there is far less chance that alimony will be awarded – even when the primary requirements of financial need and ability to pay are met.

Marriages that Last from 5 to 25 Years

For divorce after a marriage that lasts from 5 to 25 years – or a medium-term marriage – there is a decided lack of consistency in terms of court-awarded alimony. Courts have considerable discretion in the matter of alimony, which can make it difficult to predict what they will do and can increase the amount of sparring between parties. Although there are no laws that specify exactly how long alimony should last in those situations in which it’s deemed appropriate for marriages that last from 5 to 25 years, Washington courts tend to award about a year per three or four years of marriage.

Marriages that Last More than 25 Years

For long-term marriages that last more than 25 years, Washington Courts generally attempt to put both spouses on even financial footing – at least until retirement and sometimes permanently. The motivation behind this position is that, for relationships of this duration, the spouses are a financial team in which both are equal partners, which should, therefore, be reflected by the divorce terms, including alimony. For divorce after a long-term marriage, the court often divides marital property equally and equalizes spousal incomes until the spouses enter retirement.

Calculating Alimony after Marriages that Last from 5 to 25 Years

The biggest question mark when it comes to alimony is how it will be determined in those mid-term marriages that last from 5 to 25 years. In the decision-making process, the courts tend to engage in an analysis of the recipient’s need in relation to the payor’s ability to pay, which is predicated on the following factors:

The standard of living achieved during the marriage
The overall financial resources of the spouse seeking alimony, including this spouse’s marital and separate assets
The ability of the spouse seeking alimony to support themself financially, including in terms of any child support received
The amount of time required to acquire the necessary training or additional education for the spouse seeking alimony to become appropriately employed
The age, overall mental and physical health, and financial obligations of the spouse seeking alimony
The financial ability of the spouse requested to pay alimony to simultaneously meet their own financial obligations

The economic need of the recipient is calculated in terms of their monthly income in relation to their monthly expenses. If there is a discrepancy, a need is established. From here, the court determines if the other party has the financial ability to pay – while meeting their own financial needs. In these marriages of from 5 to 25 years, the focus of alimony is on allowing the spouse who doesn’t have the means to support themself financially the time necessary to adjust to their new financial reality and to gain the skills necessary to increase their earning power.

Alimony in Relation to Child Support

In Washington divorces, courts generally determine child support before awarding an additional alimony amount – as applicable. The intent of child support is to balance the financial support for shared children between both parents in accordance with each one’s ability to pay. While child support is meant to provide for the children, it also benefits the parent by supporting their living expenses.

When the recipient of child support seeks alimony, the fact of the child support can significantly reduce the amount of spousal maintenance awarded. When the court is attempting to equalize income between two spouses, such as after a long-term marriage, it takes the child support received into consideration and may not allow the recipient’s income to exceed half the family income. In such situations, child support can directly reduce alimony on a dollar-for-dollar basis.

The Matter of Wrongdoing

Washington State is a no-fault state when it comes to divorce. This means that you cannot obtain a divorce that’s based on fault, such as adultery or abandonment. As such, fault does not play a role in the division of marital property or alimony, but this is not the end of the matter. If your spouse spends down, gives away, or otherwise dissipates assets in an attempt to skew the division of marital property or the assignment of alimony in your divorce, the court can absolutely take this into consideration when making its determinations. Further, if your spouse uses marital assets to spend lavishly on a paramour in the buildup to your divorce, the court will pay attention.

Your Argument for Alimony

If you are seeking alimony in your divorce, it’s important to have a strategy in place. You’ll need to back up your request with a credible narrative that supports your financial need. Your situation is unique to you, and it’s on you to provide the court with evidence that clearly demonstrates your financial need. For example, if you worked to put your spouse through grad school – allowing them to begin a lucrative career – and then you stayed home to care for your shared children and home, each of these elements supports your request for alimony. Not only have you been out of the workforce for a considerable amount of time, but you also sacrificed your own career to bolster your spouse’s, which can move the court to recognize a need for alimony. Sharing your long-term career goals and the steps you’ll be taking to achieve them with the court can also go a long way toward supporting your request.

Your Argument Against Alimony

If alimony is being requested of you and you’re in opposition, it’s important for you to have a credible narrative of your own. For example, flaunting your wealth during this time isn’t a great strategy. And any attempt to hide or spend down your wealth is ill-advised. If there are, however, valid extenuating circumstances that limit your ability to pay alimony, it’s important to clearly share your concerns with the court.

Your Position

When it comes to alimony, the best policy is to adopt a reasonable stance and consistently support it. If you are entitled to spousal maintenance, demonstrate your reasonable financial need and support it with evidence. If alimony is being requested of you, share the financial restrictions you face and back your position up with evidence. From here, it’s important to clearly and consistently support your position in terms of both your words and your actions. One of the most important steps when it comes to protecting your financial rights in relation to alimony is by working closely with a seasoned Yakima divorce attorney.

Turn to an Experienced Yakima Divorce Attorney for the Help You Need Today

If you are facing a divorce in which alimony is a concern, the capable divorce attorneys at Dobbs & Young in Yakima take great pride in their impressive track record of guiding cases like yours toward beneficial outcomes, and we’re here for you, too. Your financial rights are important, so please don’t wait to reach out and contact or call us at 509-577-9177 for more information today.