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Alimony | Spousal Maintenance in your Bellevue or Seattle Divorce

How Much Spousal Maintenance Can I Expect to Pay In a Seattle or Bellevue Divorce?

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Watch my video on spousal maintenance here.

In a King County divorce (which encompasses both Seattle and Bellevue), there is no magic formula that determines spousal maintenance.

There are a number of factors the court considers and a wide variety of possible outcomes.

Results are determined based upon two considerations:

  1. The need of the receiving spouse
  2. The ability of the paying spouse to pay

The idea behind spousal maintenance is that the non-wage earning spouse, or the lower-wage earning spouse, is entitled to receive money for some period of time in order to allow that spouse to get back into the work force or to build an asset base.

Today, it’s not unusual for both people in a marriage to have jobs or careers. In these situations, spousal maintenance is usually awarded to the person in the marriage who is the lower wage earner. Spousal maintenance is no longer awarded based on gender, but on income and ability.

Spousal maintenance awards vary on two levels:

  1. How much the amount will be
  2. How long the determined amount will be paid.

Again, this is determined by the need of the recipient and ability of the other spouse to pay.

During the divorce process, it’s not unusual for the court to issue temporary court orders for spousal support. This happens because each person may now live in a different place, and the lower income spouse may need temporary help in keeping current living and child care arrangements stable (for example) until all of the divorce issues are ironed out and final court orders in place. Temporary orders typically are filed and granted during the time between filing for divorce and the time the divorce is actually finalized.

For tax purposes – and this important fact is sometimes overlooked – spousal maintenance is considered taxable income for the person receiving it and a tax deduction for the person making the payment.

There are many factors the court takes into consideration to determine spousal maintenance. Because these factors determine long-range financial arrangements post-divorce, it is always extremely important that you consult with a Seattle or Bellevue-based lawyer who has plenty of experience in court. Your attorney will know how the court is currently dealing with these issues, and she will understand how best to position you in spousal maintenance arguments during the divorce process.

Here at DuBois Cary, we have plenty of experience negotiating spousal maintenence settlements for clients who are thinking about getting a divorce and who live in Seattle or Bellevue. We’d be happy to meet with you and discuss this issue. For a consultation, please call (206) 547-1486.

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Temporary Orders in a Washington State Divorce: The Basics

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Usher and his ex-wife Tameka Foster Raymond found themselves back in court on an emergency hearing. They’ve been divorced for a few years. Chances are that even when their case was first filed, they probably couldn’t agree about how to take care of their kids during and after the divorce. It’s a good example of the power of “temporary orders” and why understanding that concept is important for your divorce.

Temporary orders provide you and your spouse with ground rules to follow while you’re sorting out the permanent parts of your divorce. Temporary court orders will tell you who lives in the house, who pays the bills, who gets the car, and when the children are with each of you. Without temporary orders, you won’t get clear guidance on those issues just because you filed for divorce. Life goes on between filing for divorce and final divorce papers, and everyone needs to know the rules.

The good news is that some couples never get temporary orders because they follow their informal agreements. Other couples enter temporary orders by agreement and without a contested court hearing. Usually, the lawyer will simply enter the orders with the court.

The bad news is, some couples just can’t agree. It’s not unusual for parties to a divorce to have strong disagreements, and because divorce is such an emotional experience for certain people, things can heat up in a hurry. If that’s your situation, you’ll want to go to court and present evidence in a temporary hearing. Your lawyer can file a motion for you, in which you’re going to request the court make a decision on your behalf. Your motion is basically going to say “Here is what I would like to have happen with my house, my money and my kids.” So, a contested court hearing is required to obtain formal, written orders to protect the children’s best interests and your interests in the marital estate. It will depend on the nature of your divorce.

Since the court doesn’t know anything about you, or who’s been taking care of the kids, or who’s been living where, and what’s been going on in your family, you’ll bring evidence before the court that proves your position on the disputed issues. This means you signing an affidavit that states you’re being honest, and then a lot of information: bank statements, employment records, school records, household bills, pay stubs, childcare records-you get the picture–to give the court a good idea of your position. You’ll be very busy obtaining the proper records if you go this route.

At the end of the hearing on your motion, after the arguments are made and the evidence examined, the court is going to rule and when the courts rules, the order is final and each party will have to follow it. Whether your orders are entered amicably as agreed orders, or end up being hard-won formal orders after a lengthy fight, you will at the end of the day have temporary orders in place that will be the rules you live by until your divorce is final.

In any situation, using a good divorce attorney will help you determine whether or not temporary orders are the best way to ensure stability for everyone during your divorce. They may be the critical component for success in your divorce and stability for your family going forward.

If you have questions about temporary orders and would like to speak to one of our partners, please feel free to contact Amanda DuBois or Monica Cary at (206) 547-1486.

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