In order to ensure that neither partner is left penniless during or after the divorce process, one spouse is required to give the other spousal support, also known as spousal maintenance. Make sure you check Alliance Law Group. In the sections below, we will go over the various kinds of spousal support, the tax repercussions, and when spousal support could be changed in Washington.
Spousal maintenance types
Three kinds of spousal maintenance are permissible in Washington: interim care, brief support, and long-term maintenance.
When one spouse needs financial support provided by the other, even during the legal process, Judges may grant temporary support. By doing this, it is made sure that both partners have the resources to pay for the costs of the divorce. Only during the divorce proceeding is temporary maintenance accessible; once the divorce has been finalized, it no longer exists.
The other financially dependent spouse can gain the knowledge or skills required to resume the workforce when the court orders one partner to pay short-term support to the other. Judges specify a termination date or particular events, such as a college degree, trade school graduation, or other conditions related to obtaining gainful employment, that mark the conclusion of the maintenance.
Long-term maintenance orders are uncommon, although judges may decide to provide them to spouses who have been married for a longer period or who are unable to support themselves due to a disability, advanced age, or inability to develop the requisite skills to find employment.
The effects of spousal maintenance on taxes
The Tax Cuts and Jobs Act (TCJA) abolished the deduction for spousal support payments made by payors and repealed the requirement for recipients to include these payments in their taxable income.
Although it may appear that the modifications made due to the TCJA benefited the beneficiary while hurting the payor, this is not the case.
Changes to spousal support
Both spouses may seek a change of the maintenance order when they can demonstrate that there has been a material change in circumstances because the judge signed the original judgment unless the spousal support order specifies otherwise.
You must keep paying the current maintenance amount until the court gives you permission to do otherwise if you ask for a change of your maintenance order. If you do not pay spousal support, the court may punish you, throw you in jail, or order you to pay your ex-legal spouses and court costs.