Anderson, Fields, Dermody & Mcllwain Inc., P.S.
Contact Our Family Law Attorneys
206-905-4290 866-970-4558

Spousal Support/Alimony/Maintenance Archives

Spousal Maintenance-Making Sure it gets Paid

Making Sure it gets Paid.  An order to pay maintenance typically requires an obligor spouse to make monthly payments to the other spouse (or domestic partner). Payments are often made directly to the spouse, i.e. by check or money order (one should never pay by cash), or by automatic withdrawal and deposit into a spouse's account. Alternatively, maintenance may be paid, or collected by, the Washington State Support Registry.

Spousal Maintenance-The Basics

Spousal maintenance (or alimony as it is known in other states) is awarded to the economically disadvantaged spouse, during and after dissolution of a marriage or domestic partnership, or a legal separation. Payments are meant to help a spouse with monthly needs like food, housing, clothing, car payments, and insurance.

Temporary Support

On a spousal support basis, a homemaker is not required to seek employment, pawn jewelry, or exhaust credit before they are entitled to spousal support as long as need is shown. Further, an unemployed individual need not pauperize themselves by selling assets to make a cash outlay for litigation, nor are they put to the election of spending their money for living expenses or the preparation of their case. It is not so, however, if an individual has ample funds for both.

The Infamous "Double-Dip"

When a family owned business is valued in a dissolution action, the argument often is made that paying spousal maintenance based on the income that was valued as part of an asset is a "double dip". Such allegations often fail to understand that business experts only value businesses based on excess earnings and consequently deduct a reasonable salary from the gross revenue earned in order to avoid the double dip argument. Spousal maintenance is then based only on the replacement salary, not the total gross business revenue. The result will be the valuation of a business based on excess earnings over and above a reasonable replacement salary. The payment of maintenance, if appropriate, and based on statutory factors, is only composed of the replacement salary. In re The Marriage of Victor K. Cheng v. Julia A. Cheng, Division II, Court of Appeals, No 47397-1-II (November, 2016). 

Contact Us Get The Answers You Need

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Anderson, Fields, Dermody & McIlwain, Inc., P.S.

Anderson, Fields, Dermody & McIlwain, Inc., P.S.
207 East Edgar Street
Seattle, WA 98102

Toll Free: 866-970-4558
Phone: 206-905-4290
Seattle Law Office Map

Monday through Thursday 8:00 a.m. – 5:00 p.m. Friday 8:00 a.m. – 3:00 p.m.