How do courts decide how much spousal support to award?
In Washington, courts decide how much spousal support to award using a formula. The formula takes into consideration certain factors such as each spouse’s respective earnings, needs and abilities to pay. The formula also takes into account the length of the marriage, any child support being paid, and the standard of living established during the marriage. Each spouse’s relative income and ability to pay are taken into account so the amount of spousal support can provide for a standard of living that each spouse should be able to maintain, given their respective abilities to earn. In addition, the parties’ obligations for child support, if any, are weighed in order to provide each spouse with sufficient funds to meet their children’s needs, and still be able to support themselves. The length of the marriage is also taken into account to make sure spousal support is awarded for an appropriate amount of time. Finally, the courts must look at the standard of living established during the marriage. In Washington, it is assumed that spousal support should provide the lower-earning spouse with a similar standard of living to what they were accustomed to during the marriage. Therefore, the amount of spousal support awarded should reflect the lifestyle the couple enjoyed during their marriage. Ultimately, the courts must assess all of these factors to reach a fairer and more equitable award of spousal support.
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