Spousal Maintenance Basics: What to Know

You might have heard of alimony, or in Washington State, now often called spousal maintenance or spousal support. But what exactly does it mean for you? Understanding spousal maintenance, how it’s calculated, and what factors influence it, can help you navigate your options with confidence. 

What Is Alimony? 

Alimony is a legal obligation where one ex-spouse must make payments to the other. The primary purpose of spousal support is to address income disparities that arose during the marriage, ensuring one spouse isn’t left struggling financially after the divorce. Even spouses who are separated but not yet divorced can seek temporary spousal maintenance in most states.

How Is Alimony Calculated?

Each state has their own methods for calculating spousal maintenance, though several common factors are considered such as: 

• Financial resources of both parties 

• Standard of living during the marriage 

• Length of the marriage 

• Age and health of each spouse 

• Earning capacities of each spouse 

• Reasonable monthly earnings and expenses for each party 

• Financial and non-financial contributions made during the marriage 

• Economic opportunities lost due to the marriage 

• Ongoing responsibilities for children of the marriage 

• Tax obligations 

In some states, judges have the discretion to decide alimony based on judicial precedent, while in others, they may compare the spouses’ incomes and allocate a percentage to the lower-earning spouse. For a more detailed explanation, consulting a family law attorney can be beneficial. 

Other Key Considerations 

Tax Considerations

The Tax Cuts and Jobs Act of 2017 brought significant changes to how alimony is treated in tax law. Alimony payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the recipient. Being aware of these tax implications is important when negotiating or receiving alimony.

Types of Alimony

Temporary spousal maintenance can also be requested early in the divorce process to support the non-earning spouse until a final decision is made. Whether through a settlement, mediation, or a judge’s ruling, alimony can be tailored to fit the situation. 
 
Another common type of alimony is durational alimony, structured by a specific length of time for which support is deemed necessary. Also common is rehabilitative alimony, where payments are provided to allow the recipient to obtain education, training or work experience so they can become self-supporting. These are some common types, but there are more variations, and each state differs.

Legal Consequences

Alimony isn’t just a suggestion—it’s a legal obligation. Missed payments can lead to serious consequences, including civil or criminal charges. However, enforcing alimony can sometimes be challenging. Before jumping into legal action, it’s wise to consult a lawyer who can guide you through the process.  
 
Remember, each state handles alimony differently. In some states, judges decide how much alimony to give, based on previous cases but with flexibility. In other states, the judge might look at the difference in the spouses’ incomes and give a portion to the lower-earning spouse. Talking to a lawyer can help you understand how the rules work where you live.   
 
Alimony might seem like just another legal term, but it can have a real impact on your life after divorce. Whether you’re considering spousal maintenance or just want to understand your rights, getting informed is the first step. 

Need more clarity on alimony and divorce? Take the next step and view this guide.