This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Divorce With Alimony In Washington
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As a general rule of thumb, courts in Washington State award one year of alimony for every three or four years of marriage. There is no statute or case law explicitly stating this formula, but it is an oft mentioned rule and generally what courts can be expected to do.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
How Washington State Alimony is Calculated. The court looks at several factors when determining an alimony amount. Each spouse's assets, debt, age, income and earning potential, the length of the marriage, and the standard of living they are accustomed to can all factor into the decision.
How Does the Court Usually Divide Property? A court in Washington State will usually a) award each party his or her own separate property and b) divide the net value of the parties' community property 50/50.
When either party requests maintenance or other financial relief in a divorce, each spouse must submit a financial declaration. Financial declarations are fill-in-the-blank forms the state has created, and you can download one from the Washington Court Forms Website under Family Law > Divorce > Divorce (Dissolution).
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.
A prenuptial or postnuptial agreement can prevent many alimony disputes. Such marital agreements allow couples to agree beforehand on whether spousal support would be awarded in the event of a divorce. California's Family Code 1612 states that couples can agree to waive spousal support in a prenup or postnup.
In essence, the court first looks at the economic need of the party seeking spousal support. The court measures this need by comparing the monthly income of the person seeking alimony with their monthly expenses. The shortfall between a party's income and their expenses is that party's economic need.