Can a court award retroactive alimony payments?
Yes, a court in Washington can award retroactive alimony payments. This means that payments may be made for periods of time before the actual alimony award is issued. Courts generally consider all relevant evidence when determining whether an award of retroactive alimony is appropriate. This evidence can include the spouses’ financial resources, the length of the marriage, the parties’ ages, the spouses’ contributions to the marriage, and the spouses’ standard of living while they were together. Retroactive alimony payments may be awarded to one of the spouses if there is a reasonable explanation why alimony was not sought at the time of the parties’ separation. For example, if one of the spouses was unaware of their legal right to seek alimony, or if their attorney failed to properly advise them on the matter. Retroactive alimony payments may not be awarded if the requesting spouse delayed seeking alimony in bad faith. This is because the court does not want to punish the supporting spouse for the requesting spouse’s dilatory behavior. It is important to note that retroactive alimony payments do not necessarily have to be made directly from the paying spouse to the supported spouse. Instead, the court may order payments to go towards reimbursing the supported spouse’s legal fees or other expenses related to the case. Ultimately, the court in Washington has broad discretion when it comes to awarding retroactive alimony payments.
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