Is alimony based on need or fault?

In the state of Washington, alimony is not always based on need or fault. The court considers a variety of factors to determine if alimony is appropriate, and then if so, the amount and duration of the alimony award. When the court is deciding if alimony should be awarded, they look at the length of the marriage, the earning capacity of both parties, the financial needs of both parties, and the contributing factors to the dissolution of the marriage. Fault is just one of the factors the court considers in making the alimony determination. When fault is considered, it looks at who is at fault in the dissolution of the marriage. Examples of fault could include cheating or abuse, but also could include behaviors that can easily disrupt the normal functioning of a marriage, like gambling or substance abuse. When determining the amount of alimony that should be awarded, the court will consider the income of both parties, the earning capacity of each party, the needs of both parties, the contribution to the marriage by each party, the fault of one party, and the duration of the marriage. Ultimately, the court considers both need and fault when making an alimony determination, but it is not the only factor. A variety of other considerations come into play when deciding if alimony is appropriate and if so, how much and for how long.

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Is alimony based on need or fault?

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