Gray divorces – those that involve couples in their 50s or older – come with a unique set of concerns. When a marriage ends after 20, 30 or even 40 years, the question of spousal maintenance (or “alimony”) becomes increasingly important to both sides.
In Washington, the courts have significant flexibility when it comes to how this issue is handled. That means outcomes can vary, even when marriages are of a similar length.
There is no fixed formula for spousal maintenance in Washington
Unlike child support, Washington does not impose a strict formula when it calculates spousal maintenance. Instead, the courts are guided by statute and must weigh several factors to try to reach a fair result. Key issues that may be used to determine the amount and length of support include:
- The duration of the union
- Each party’s financial resources, including separate property
- The standard of living that was enjoyed during the marriage
- The age and health of each spouse
- Each party’s earning capacity
- A spouse’s in-kind contributions to the household or as a primary caregiver
Spousal maintenance can last for varying amounts of time. In some cases, short-term rehabilitative support is given to help a dependent spouse transition to independence, but that’s less likely in a gray divorce after a lengthy marriage. Long-term maintenance is more likely in cases involving marriages of 25 years or longer, particularly when one spouse has sacrificed a career to care for their household or family or is in ill health. The court may recognize the inherent difficulties of re-entering the workforce late in life.
It is important to note, however, that even “permanent” spousal support is not truly likely to be permanent. Once the parties reach retirement age and become entitled to Social Security benefits or a pension, maintenance may end.
If you’re approaching a gray divorce in Washington, it can help to understand how spousal maintenance is likely to apply to your situation so that you can take a strategic approach to your upcoming negotiations.
