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Issues of Alimony and Division of Property when filing a Washington divorce

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Jun 26,2007 by shab

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The issue of alimony, sometimes referred to spousal support or maintenance is an important issue to consider when proceeding with a divorce. Alimony, known as spousal support or maintenance, is support paid by one spouse to another. In Washington State, at least in theory, alimony is gender neutral, and, if circumstances warrant, the wife can be obliged to pay alimony to the husband. However, although the law is usually written to permit either husband or wife to receive alimony, it is rare for a woman to pay alimony to a man.

Typically, of all the issues needed to be resolved to complete your Washington State divorce, alimony is the issue of least consensus and unification among lawyers and judges. Today there is a growing expectation among lawyers and judges that women can and should support themselves. Alimony is now awarded for a shorter period of time and most likely provides less than the standard of living during the marriage. Alimony is often the most difficult issue to negotiate successfully. It directly addresses the lifestyles of both parties, and when they are not balanced, resentment occurs.

Division Of Marital Property

Another issue of concern to the state during the divorce process is clarity in title to property. Historically, the interest of the state has been to make sure that property could be freely transferred with a clear title. When a marriage dissolves, the state needs to know who owned what property and needs to extinguish any claims each spouse had to the other's property. Therefore, the state asserts that upon the order of a Washington divorce, property be clearly divided into two separate baskets: the husband's and the wife's. Washington Divorce Online's online form preparation services take all these issues into account as the state requires.

Marital property includes anything of value now or in the future that was acquired during the marriage. This includes tangible property such as automobiles, jewelry, and real estate and intangible property such as a pension, patent rights, or retirement accounts. Washington is a community property state and any property owned by either individual prior to marriage is exempt from division. This means that property is not necessarily split 50%/50%.

Whether you and your spouse can negotiate an agreement and complete your Washington divorce forms on your own or you resort to fighting it out in court, these legal issues must be settled and resolved in order for you to be granted a Washington State divorce.
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