Alimony, also known as spousal support in King County, is one of the more important aspects of divorce proceedings in Federal Way. Governed by specific statutes and laws, it is meant to ensure fairness and financial stability for both parties involved in a divorce.
Alimony Laws in King CountyAlimony laws in King County are primarily outlined in the Revised Code of Washington (RCW), Title 26, Chapter 26.09. This chapter, titled “Dissolution of Marriage − Legal Separation,” addresses various aspects of divorce, including the provision of spousal support.
According to RCW 26.09.090, either party in a divorce proceeding may be entitled to receive alimony from the other party. When determining the necessity, amount, and duration of alimony payments, the court considers several factors:
All of these factors guide the court’s decision in determining the type, amount, and duration of alimony payments in Federal Way divorce cases.
What Types of Alimony Are There in Federal Way?Alimony in Federal Way can be awarded in different forms, depending on the specific circumstances of each case.
Temporary Alimony: Also known as pendente lite support, it is temporary alimony that may be awarded during divorce proceedings to provide financial assistance to a spouse until a final decision is reached in court.
Rehabilitative Alimony: This alimony type is intended to support a spouse temporarily while they acquire the education, training, or skills necessary to become self-supporting.
Permanent Alimony: When one spouse is unable to achieve financial independence due to disability, age, or other factors, this type of alimony is awarded. Typically, it is granted for an indefinite duration but may also be subject to modification or termination under certain circumstances.
Can Alimony Be Modified After It Has Been Initially Determined?Yes. As outlined in RCW 26.09.170, alimony can be modified after its initial determination if there has been a substantial change in circumstances.
These circumstances can include significant changes in either party’s income or financial situation, the recipient spouse’s employment status or ability to become self-supporting, and if there is a remarriage or cohabitation of the recipient spouse.
Additionally, disability or health issues affecting either party’s ability to pay or receive alimony may be considered.
The party seeking the modification will need to provide evidence to demonstrate the change in circumstances and exactly how it warrants a modification of the alimony order. The court will review the petition and evidence supporting the change before making a decision.
Take note that alimony order modifications are not automatic, as they are subject to judicial discretion. The court assesses each case based on individual merit and the best interests of everyone involved. Any modification must be approved by the court and incorporated into a formal order, or it cannot be enforced.
What Types of Income Are Considered When Calculating Alimony?In Federal Way and other jurisdictions, various income types may be considered when calculating alimony. To determine the equitable amount of spousal support, the court typically examines the financial circumstances of each party.
Here are some income types that may be considered:
Wages and Salaries: This includes any income earned from employment, including regular wages, salaries, bonuses, commissions, and overtime pay.
Self-Employment Income: If either spouse is self-employed or owns a business, their self-employment income, including profits, dividends, and distributions, may be considered.
Rental Income: Income generated from a rental property, including any rental payments made by tenants, can be included in the alimony calculations.
Investment Income: Any income you make from investments, covering interest, dividends, capital gains, as well as rental income from real estate investments, may be considered.
Retirement Income: Retirement benefits, pensions, and Social Security benefits may be factored into the calculation of alimony.
Spousal Support From Prior Relationships: If either spouse receives spousal support from a prior marriage or relationship, this income may be considered when determining their financial resources.
Unemployment or Underemployment Benefits: If a spouse is unemployed or underemployed, the court may impute income based on their earning capacity or the income they could reasonably be expected to earn.
Income from Assets: Income generated from assets, such as interest from bank accounts, dividends from stocks, and rental income from real estate properties, may be included in the calculation of alimony.
Business Income: If either spouse owns a business, the court may consider the income generated by the business, taking into account profits, distributions, and other forms of compensation.
While some factors may vary depending on each case’s circumstances, courts will consider all possible and relevant income sources and other financial resources when determining alimony amounts. This helps ensure fairness and equity for everyone.
Are There Tax Implications for Paying or Receiving Alimony in Washington State?In Washington, alimony is no longer taxable income for the recipient. A comprehensive tax reform package was signed into law, as stated in the Tax Cuts and Jobs Act of 2017 (TCJA).
Under the old laws, alimony payments were considered tax deductible for the spouse who was paying and were considered taxable income for the recipient. This meant that alimony was previously paid pre-tax. However, these payments are paid in what can be considered post-tax dollars today.
Under the TCJA, alimony payments are no longer tax deductible for the paying spouse, and recipients are not required to report these payments as income. This change effectively eliminates the tax benefit for paying alimony and the tax burden that used to come with receiving these benefits.
However, it is important to note that these changes only apply to divorce or separation agreements finalized after December 31, 2018. Agreements executed before this date are generally grandfathered under the previous tax rules we dictated.
Furthermore, spousal support doesn’t have anything to do with state income tax. The Department of Revenue for Washington State says the jurisdiction “does not have a personal or corporate income tax.”
As of 2021, under current federal law, spousal support isn’t taxable for the recipient. The Internal Revenue Service (IRS) says, “Alimony and separate maintenance payments you receive under such an agreement are not included in your gross income.”
How Does Cohabitation or Remarriage Affect Alimony Payments?As we previously touched on, cohabitation or remarriage can affect alimony payments. For example, if the recipient spouse begins living with another romantic partner as if they were married, this could be grounds for the paying spouse to petition the court to modify or terminate alimony payments based on these changed circumstances.
In such cases, the burden of proof falls on the paying spouse. They must be able to demonstrate that the recipient spouse's cohabitation warrants the modification or termination.
RCW 26.09.120 Modification and Termination of Maintenance Orders, which addresses the circumstances under which alimony orders may be terminated or modified, outlines this information.
In most jurisdictions, including King County, remarriage typically terminates alimony payments. Once the recipient spouse remarries, they are no longer considered dependent on the paying spouse for financial support. In this case, the paying spouse must notify the court of the recipient spouse’s remarriage to ensure that alimony payments are terminated as required by law.
What Happens if My Ex-Spouse Stops Paying Alimony?There are several things you can do to enforce the alimony order if your ex-spouse stops paying.
RCW 26.09.140 Maintenance Enforcement outlines mechanisms in place for the enforcement of alimony orders. These include wage withholding, contempt proceedings, and other enforcement measures. This statute allows the court to take appropriate action to ensure compliance with all orders.
Review the Court Order: Review the original divorce decree and ensure that the alimony obligation, including the amount, frequency, and payment duration, is clearly defined.
Contact Ex-Spouse: Reach out to your ex-spouse to ask about the missed payments and see if you can resolve the problem amicably.
Send a Demand Letter: If contacting your ex doesn’t deliver the desired results, consider sending a formal demand letter. This letter reminds them of their legal obligation to pay alimony as outlined in the court order.
Seek Legal Assistance: If these informal methods fail, consult with a qualified family law attorney in King County. They can advise you on your rights and legal options for enforcing alimony orders.
Navigating alimony laws in King County requires a thorough understanding of relevant statutes and legal considerations. By familiarizing yourself with the provisions outlined in RCW Title 26, Chapter 26.09, you can better advocate for your rights and obligations regarding spousal support in divorce proceedings.
Consulting with a qualified family law attorney in King County is also advisable to ensure compliance with all laws and to achieve fair and equitable outcomes in all alimony disputes.