Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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In Washington state, there is no statutory “lifetime duty of support” for married couples. However, for long term marriage (25+ years) the Divorce Court can order lifetime support where one spouse has significant financial disadvantages. This does not happen often. More frequently, support is limited in duration.

The mutual duty of financial support exists during the marriage and, in a divorce, it may be replaced by a court-ordered payment called spousal maintenance (commonly known as alimony), which is usually temporary.

The duty of spousal support in Washington

While a couple is married, there is a legal duty for both parties to provide for each other financially. This changes upon divorce, where a court may order one spouse to pay spousal maintenance to the other. The purpose of this support is not to create a permanent dependency but to help the receiving spouse achieve financial independence. 

The duration and amount of spousal maintenance are determined by a judge based on several factors, including: 

• The length of the marriage.
• Each spouse’s financial resources and abilities.
• The age, physical, and emotional health of both parties.
• The standard of living established during the marriage.
• The time and training needed for the receiving spouse to find appropriate employment. 

How marriage length impacts spousal support

The length of the marriage is the most significant factor in determining the duration and amount of spousal support. 

• Short-term marriages (less than 5 years): The court will likely not award maintenance or will order it for a very short period. The goal is to return both parties to their pre-marriage financial standing.
• Medium-term marriages (5 to 25 years): Courts often use a “rule of thumb” to award maintenance for about one year for every three to four years of marriage, though this is not a legal formula.
• Long-term marriages (25+ years): This is the most likely scenario for a long-term or indefinite maintenance award. The court’s goal is to place both parties in a roughly equal financial position for the rest of their lives. 

Why spousal maintenance is important. Spousal maintenance is a crucial tool in the divorce process for several reasons:

Avoids hardship: It prevents a divorce from causing undue financial hardship for one party, especially in cases where one spouse is disabled, older, or has been out of the workforce for decades. 

Fairness: It corrects financial imbalances that often arise during a marriage. For instance, if one partner sacrificed their career to raise children and support the other’s career, spousal maintenance can help compensate for that sacrifice.

Financial stability: It helps a lower-earning or non-working spouse meet their basic needs and maintain a reasonable standard of living during the transition to financial independence.

Equitable division: It can be used as a flexible tool to help achieve an overall fair division of assets and debts.

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Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.