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The stages of a spousal maintenance dispute are the same as for a divorce proceeding. Two people are not getting along, and they want to file a petition for the dissolution of their marriage.
When you file a petition for dissolution, the form will ask whether you’re requesting spousal maintenance. That would be the first time you would declare your request for spousal maintenance. At that juncture, you don’t necessarily have to mention the amount or the length of time you’re seeking for spousal maintenance. You can leave that for the court to decide.
Once you file the case, you will go through the process of litigating the entire divorce. While you’re not only focused on the spousal maintenance aspect, this is something you would try to negotiate during the divorce.
If negotiation is not successful, you would go through discovery, followed by further negotiations. If negotiations are still unsuccessful, you and the other party will go through mediation. If mediation doesn’t work, you will then go to trial. At any time during all those phases of a dissolution, you can negotiate spousal maintenance.
With any dissolution, emotions usually run high, especially when one party was a stay-at-home parent or partner and didn’t have the earning capacity of the other party. That creates a lot of mental stress because the stay-at-home parent or partner doesn’t have the financial backing they previously had.
When representing a client needing spousal maintenance, you have to establish their need by showing they don’t work, or if they work, why their income is not sufficient. That’s done by way of a financial declaration and corroborating financial statements.
Suppose you represent the other client, who is the high earner and likely to pay spousal maintenance. You must show the other party does not have need of spousal maintenance by demonstrating their income-earning potential. For example, they may have a higher education degree that allows them to be gainfully employed. At the same time, you must also demonstrate that your client cannot pay by disclosing their income and expenditures and explaining the reasons why they cannot pay.
To win a spousal maintenance case, you need documentation that demonstrates financial need versus ability to pay. Bank statements and pay stubs are helpful.
If you are the party needing spousal maintenance, you must demonstrate the other party has the ability to pay. The ability could be earned income, a substantial stock portfolio, restricted stock units (RSUs) or substantial money in bank accounts. You also need to show the trajectory of their earning capabilities.
Attorney Diem Chi Nguyen is a seasoned lawyer based in Renton, WA, who has helped countless clients just like you navigate the intricacies of family law. Her years of experience prepare her to assist you in spousal maintenance negotiations so that a fair settlement can be reached.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule a free initial consultation.
A spousal maintenance hearing can be a separate motion, but generally, it’s encompassed with other temporary order requests, such as who gets to stay in the house, child support and the parenting plan. The court will rely on various factors (such as current income, earning capacity, and education level) to determine whether they will award spousal maintenance or not.
If you have all the financial documents to support your position, the chances of receiving spousal maintenance or of not having to pay it are good. If you’re well prepared, it’s just a matter of noting the motion for a temporary order, citing your arguments, and providing documentation to support your position.
At the hearing, the commissioner or the judge will make a decision based on the information provided to determine whether temporary maintenance is an option.
Generally, we have to remind clients that spousal maintenance is temporary. It doesn’t last forever, depending on the length of the marriage, and they can make that money back. It’s a matter of establishing a figure the court will deem fair to the petitioner but also not crippling to our client.
I recently had a case where my client felt extreme resentment because he thought his wife was greedy. This resentment is common when we have a higher-earning client, who we know will likely have to pay spousal maintenance. The wife had an expenditure cap of $2,000 per month, and he provided $2,500. She came back with a demand for $6,500.
In this case, I knew the client would have to pay spousal maintenance. It was a long-term marriage. He earned ten times more than his wife. It was just a matter of explaining to him what a reasonable figure was and how long he would have to pay it.
We need to remind our clients that even though a petition for spousal maintenance may seem like a betrayal and a cause for resentment, it’s temporary. It’s not that you have to pay $6,500 a month forever; it’s that you only have to pay $6,500 a month for two years. After that, your obligation ends, and you’re free to keep that money with you.
For more information on handling spousal maintenance stress in Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 276-7390 today.
Attorney Diem Chi Nguyen is a seasoned lawyer based in Renton, WA, who has helped countless clients just like you navigate the intricacies of family law. Her years of experience prepare her to assist you in spousal maintenance negotiations so that a fair settlement can be reached.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule a free initial consultation.
