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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38242
Experience:  Retired (mostly)
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It looks like my wife and i are going to divorce

Customer Question

Hello ,
It looks like my wife and i are going to divorce . We both work, but she wants spousal support because I make make more income than her.. I have no problem with splitting everything 50-50 .. What is your advice on the matter ? I know will have to obtain a lawyer but , I make 48,000 a year and she makes 25,000 ... My Wife would like us to file the divorce paper if we can agree on the spousal support .. we have be married 35 years
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello, Rev. Code Wash. 26.09.090 lists the factors that a court must use in determining whether or not to award spousal maintenance. The rules are flexible, but the reality is that if you have been married for 35 years, then the court is likely to award spousal maintenance, because you are the higher earner. You can offer some amount of your share of marital assets to your spouse as an inducement to irrevocably waive her right to spousal maintenance. You can also move out of Washington, which would make enforcement of a spousal maintenance order extremely difficult (n.b., where there are minor children receiving support, enforcing spousal maintenance is easy -- but, where the children are all adults, the laws permitting enforcement are extremely weak, when trying to enforce them across state lines).The only other option would be to "lose" your job before you file for divorce. If you are the low-earner, then the court would have to award you support, rather than your spouse. Those are the options. None is particularly good. But, having some options is better than having none at all. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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