Full question:
I am married and have a two-year-old child. I am a resident of Washington and have filed a petition for divorce and alimony. As I did not complete my high school there is minimal chance to get a job for a decent living. My husband is financially stable and has a good job. Will the court grant me alimony sufficient for my needs?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Washington
Answer:
In Washington, when awarding alimony, the court considers the future earning capabilities of both parties and allow the wife an amount for a period that seems right under all the circumstances. The necessities of the wife, her financial resources and ability to meet the needs independently, and the financial ability of the husband will be considered in deciding the amount of alimony. But there are numerous other factors also included, such as age, health and employment history of the parties, education, training and business or occupational experience, the prospects of future earnings, nature and origin of the property to be divided, and the total property possessed by or likely to be acquired by the parties etc. The statute on this provision has been enumerated in Rev. Code Wash. (ARCW) § 26.09.090, which is given below: “- In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to:
(d) The duration of the marriage or domestic partnership;
(e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and
(f) The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.