Legal Question in Family Law in Washington

Spousal Maintenance

My brother & his estranged wife were married for 5 years. She left in November - leaving him liable for the lease they have on their house and a lot of debt. Currently she is paying 1/10th of the debt & is now demanding a nominal sum for spousal maintenance. They both work and earn approx the same amount (within 5K)... they have no children. Does she have a right to ask for this? And shoudln't she be responsible for 1/2 the debt - as it was incurred during their marriage?


Asked on 1/25/09, 11:10 pm

2 Answers from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: Spousal Maintenance

With a short term marriage, relatively equal incomes and no children, unless there are other factors you have not mentioned, I see no basis for spousal maintenance. As to the division of debt and property from the marriage unless there are other factors not mentioned, the division would typically be something around 50/50 on debt and property (balancing additional property with more debt, especially debt associated with the specific property (e.g. car and car loan generally go together). Your brother should consult with an attorney; the money spent up front on an attorney may well save him much more money and save him from feeling like he was taken advantage of later.

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Answered on 1/26/09, 6:38 pm
Amir John Showrai The Pacific Law Firm, PLLC

Re: Spousal Maintenance

Yes, in general, the wife is 50% liable for the debts, and this is especially so, given their similar incomes.

Her demand for maintenance may be reasonable if there are other facts in play that justify it, which you have not mentioned. Otherwise, if they earn the same and have equal debts and no kids, I do not see the basis for maintenance.

Bear in mind, this is only a general explanation based upon what you've stated in your query. I suggest your brother get in touch with local counsel and pay for a consult (some provide free initial consults too) and see where things go from there. There needs to be interaction with an attorney who can ask pertinent questions for your brother's questions to be answered and his situation to be accurately analyzed.

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Answered on 1/25/09, 11:19 pm


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