Can spousal support be awarded to same-sex couples?

In Washington, the answer to the question of whether spousal support can be awarded to same-sex couples is yes. Under the Washington State Revised Code, the definition of “marriage” includes any union of two persons of the same sex. This means that same-sex couples are entitled to the same rights and benefits as married couples of the opposite sex. This also includes the right to seek spousal support in court. Washington state courts have also held that the purpose of awarding spousal support is to ensure the economic stability of both parties. This means that even in same-sex couples, one party may still be entitled to spousal support if it can be demonstrated that they are economically disadvantaged. A court may also order spousal support if the couple’s employment or other financial opportunities have been hindered because of the other’s contribution to the marriage. In any Washington State spousal support action, a court will consider the legal relationship between the parties and the economic need of the party seeking support. Therefore, same-sex couples should receive a fair hearing on the issue of spousal support and should be considered on the same grounds as opposite-sex couples.

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