§32.03 Related Statutory Factors

JurisdictionWashington

§ 32.03 RELATED STATUTORY FACTORS

In addition to the factors enumerated in the statute providing for a just and equitable distribution, the courts consider the statutory factors around maintenance and attorney fees.

[1] Maintenance

The statutory maintenance factors are similar to the property-division factors. Maintenance is to be awarded based on what the court deems "just" without regard to misconduct. Per the statute, two of the factors the court shall consider are the separate or community property awarded to each spouse and the duration of marriage. The other factors could be summarized as the party's respective economic circumstances.

The factors are as follows:


(1) In a proceeding for dissolution of marriage or domestic partnership, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage or domestic partnership by a court which lacked personal jurisdiction over the absent spouse or absent domestic partner, the court may grant a maintenance order for either spouse or either domestic partner. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to:
(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;
(c) The
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