Spousal support or spousal maintenance is not granted in every divorce case. If your divorce decree included an award of spousal maintenance, it is because the judge reviewed your specific circumstances and believed, given the financial facts of your marriage at the time, that maintenance was necessary to avoid hardship or unfairness for one spouse.
If circumstances have changed and your spousal maintenance award is no longer fair, you should work with a Kent spousal support modification lawyer at Lutz & Associates, P.S. Our experienced spousal support attorneys have devoted their careers exclusively to family law matters, and we have a long-tenured staff that prioritizes long-term relationships with our clients. Whether your change in circumstances comes months or years after your divorce, we are here to help. We can review your orders and help you meet your goals regarding your spousal maintenance arrangement.
How Determining the Original Maintenance Obligation Works
If one spouse will be financially disadvantaged by a separation, that spouse may request ongoing financial support during the divorce process. The spouses may negotiate a spousal maintenance arrangement, or a King County court may order maintenance if the parties cannot agree.
The judge has discretion to set the terms of a spousal maintenance order, but must consider several factors about the couple. The duration of the marriage is important, and courts also consider:
- The age and health of each spouse
- Ability of the requesting spouse to support themselves
- Relative incomes and value of the personal property of each spouse
- Ability of the paying spouse to provide financial support without hardship
In the initial negotiations, our Kent attorneys may ask the judge to consider other factors that seem relevant to the spousal support decision. If the judge decides to grant ongoing support, they determine the amount and the timeframe for which payments must be made. Most spousal support orders have a fixed duration. However, indefinite support could be granted after a long marriage or if a spouse cannot support themselves due to health or age.
Automatic Termination of Spousal Maintenance
An obligation to pay spousal support ends if the receiving spouse remarries or registers a new domestic partnership, or if either spouse dies. However, spouses can make agreements that provide for continued maintenance even after these events if they choose.
How Are Orders Modified When Circumstances Change?
The family court judge decides spousal support based on the circumstances that exist at the time. However, life circumstances are regularly subject to change, and a decision that seemed fair when it was made is no longer equitable or workable. The Revised Code of Washington §26.09.170 allows either former spouse or both parties to petition the court to modify a spousal support order.
The law requires a “substantial change in circumstances” before a court will hear a request for modification. Examples of qualifying substantial changes include:
- Involuntary job loss
- Marked change in the income of either party
- Either party experiences a financial windfall
- Significant changes to the health of either party that impact their ability to work over the long term
A voluntary or anticipated change, such as the paying spouse taking early retirement or accepting a much lower-paying job, may not qualify as a substantial change that merits a spousal support modification.
Sometimes a paying spouse may seek a modification if the receiving spouse begins cohabitating with a new partner. Cohabiting alone is not sufficient to merit a modification unless you can prove that the new partner provides significant financial support to your former spouse.
Speak with an experienced Kent spousal support attorney at our firm about whether modification may be warranted in your specific case. Additional factors such as changes in child support, children from a new relationship, military duties, and more could all potentially affect your case and the strategic plan we employ to resolve a modification dispute with your former spouse.
Discuss Spousal Maintenance Modification With a Kent Attorney
Spousal maintenance impacts both former spouses’ budgets and financial stability. When a change in circumstances makes an arrangement unworkable or unfair, the law allows a request for modification. Speak with a Kent spousal support modification lawyer at Lutz & Associates if you or your former spouse wants to modify your arrangement for tailored guidance. We have been in the business of family law since 1997, and we know how local laws affect your case. You can call us any time at (206) 589-5194 or complete our online contact form to get in touch.
