How Long Does Spousal Support Last?
Divorce is a complex process that involves numerous financial considerations, each with the potential to significantly impact one's economic well-being and future prospects. Alimony—also known as spousal support or maintenance—often plays a crucial role in the divorce settlement.
Alimony is a vital component of many divorce agreements. It provides financial assistance to a spouse who requires support based on various factors, including the other party's ability to pay.
This arrangement aims to help the recipient spouse maintain a standard of living comparable to what they experienced during the marriage, at least for a period of time. Understanding the duration of spousal support is essential for both parties involved in a divorce, as it can have long-lasting implications on their financial planning and post-divorce life.
So, How Long Does Spousal Support Last?
To determine the length of alimony, you must first consider what type of spousal support you are receiving. In Washington, the court recognizes two distinct types of alimony to address the financial needs of spouses during and after divorce proceedings:
- Temporary maintenance is a form of spousal support awarded while the divorce is still pending. It helps ensure that the recipient spouse can cover essential living expenses and maintain a reasonable standard of living until the divorce is finalized.
- Post-divorce maintenance is alimony awarded as part of the final divorce settlement. It is typically paid for a fixed period after the divorce is finalized. The purpose of post-divorce maintenance is to help the recipient spouse become financially self-sufficient or to provide ongoing support in cases where self-sufficiency may not be feasible due to factors such as age, health, or limited earning capacity.
Washington law does not specify how long post-divorce maintenance awards should last, and there is no set formula for determining the length of a maintenance award. However, the court typically considers the length of the marriage and awards maintenance for about 20%-30% of the marriage duration.
The duration breakdown is as follows:
Couples with short-term marriages, which are unions that last for five years or less, are not often awarded post-divorce maintenance. The court presumes that both parties can work (or find work) after the divorce and will not struggle to regain their financial independence.
Couples with mid-length marriages (five to 25 years) can expect alimony to last one year for every three years of their marriage. So, if a couple were married for 12 years, their alimony payments would last four years.
Couples with long-term marriages (25 years or longer) can be awarded for the rest of the recipient spouse’s life, as the court recognizes that the maintenance award should maintain each party’s financial position.
Can You Modify or Terminate Spousal Support?
Yes. Either party can petition the court to modify an existing spousal support order if there has been a substantial change in circumstances since the original order was issued. People can also petition the court to terminate support before the specified time if they can prove the recipient spouse no longer needs support.
Have More Questions? Discuss Alimony with an Attorney.
McKinley Irvin provides clients with support and legal guidance in divorce and family law matters. Because of our extensive experience, we can answer questions about how spousal support terms are determined, how you can modify a current alimony agreement, or how long support will last in your case. Contact us to schedule an initial consultation.
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- Divorce
- Spousal Support