Washington spousal maintenance is intended to equalize the parties’ standard of living for an appropriate period. Pursuant to RCW 26.09.090, a court may order spousal maintenance in an amount and for the period it deems just after it has considered all relevant factors, including: the financial resources of the requesting spouse and their ability to meet their needs independently; the time they need to acquire sufficient education or training to obtain appropriate employment; the standard of living established while the parties were married; the marriage’s duration; the age, condition, and financial obligation of the spouse seeking maintenance; and the ability of the other spouse to meet their own needs and financial obligations while meeting those of the spouse seeking maintenance. A court abuses its discretion if it awards maintenance that is not based on a fair consideration of these factors.
Divorce Case
A former husband recently challenged a spousal maintenance award in the Supreme Court of Washington. The parties had been married for more than 20 years when they separated in 2015. The husband had a bachelor’s degree. The wife had graduated high school and attended a year of college, but had not earned a degree. They bought a home during the marriage and it was paid off before the divorce was finalized. According to the Washington Supreme Court, they had “a secure, middle-class lifestyle” during the marriage.
After the wife lost her job during her second pregnancy in 1997, the parties agreed she would not go back to work and would be a stay-at-home parent. She went back to work part-time in 2004 and worked only part time until 2007. Her highest net annual income during that period was $10,485 in 2007. She worked as a receptionist at a dental office from 2009 until she was terminated in 2017, earning an average of $30,000 for much of that time. In October 2020, she was working in a call center. According to her October 2021 financial declaration, she made $2840 each month with expenses totaling $2,719.
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