Is there Alimony in Washington State Divorce

“But I thought there was no alimony in Washington!” This is a surprised utterance James will occasionally hear from a new client in a divorce case. If James senses that the client is sturdy enough to absorb all of the truth in one installment, his response may be that there is actually a great deal of alimony in Washington. The Washington court’s power to make provision for alimony in a decree of divorce has in fact been in existence all of the time Washington has been a state.

To the further surprise of some, alimony is sometimes decreed at the end of very short marriages, but lengthier marriages are those in which provision for alimony will be more likely to be included in the divorce decree. Different earning levels or different abilities between the spouses upon divorces are the explanation for almost all alimony awards in Washington. In rare cases, however, the court concludes it cannot make provisions for a distribution of property which is fair in and of itself, and thus adds a provision for alimony which would not otherwise be justified. This would make the overall outcome of the case just and equitable. An example is a business in which only one spouse is capable of operating amounts to substantially more than half the parties’ wealth.

Alimony is ordered for whatever length of time the court determines is appropriate, considering all of the circumstances. However, the Washington appellate courts have held that the superior courts may only provide for alimony of indefinite duration when the alimony is necessitated by the disability of a spouse, and the length of time the disability will continue is unknown.