Legal Question in Family Law in Washington

Spousal Support

My wife had an affair and now we are getting a divorce. I have a friend who said that because she had the affair that she would not be eligible for spousal support. Is that true?


Asked on 4/08/07, 2:11 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Spousal Support

Good thing your friend isn't your lawyer, because your friend is not correct.

Washington is a no fault divorce state. The petitioner alleges that the marriage is irretrievably broken, and the inquiry stops right there. The respondent can join the petition and keep the costs down, or object to the dissolution and spend a fortune.

As the party who wants to bring this up, the court will presume that you are trying to gain a financial advantage over your wife. Look at your question again. Can you see where the court might think that?

Maintenance is based on need and ability to pay. The party requesting maintenance has to demonstrate both sides of the equation.

Maintenance is generally ordered where there is a significant financial disparity between the parties and one party needs to re-join the work force or return to school for additional training, or has been at home caring for children.

Maintenance is not generally ordered in very short-term marriages (less than 10 years, but that is just a rule of thumb).

Maintenance is almost always ordered in very long term marriages, and it can be ordered for life. That is based upon the realities of life for persons who are currently in their fifties and sixties - sometimes one has become very sucessful because of the help of the other, and it would not be equitable to then restrict the life circumstances of the supporting spouse.

How you choose to approach your divorce is up to you. You can make each other's lives really unpleasant and spend a fortune doing it, or you can suck it up and leave your issues out of court.

You might want to google for collaborative divorce, see if this is an option for you.

Powell

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Answered on 4/08/07, 3:46 pm


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