If my husband and I are divorcing after 23 years of marriage and cannot agree on length of support, how many years is reasonable?
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If my husband and I are divorcing after 23 years of marriage and cannot agree on length of support, how many years is reasonable?
He is retired military and currently working for the federal government. I was a stay home mom through most of the marriage and only worked part-time. We are trying to use a mediator but cannot come to agreement to length and amount of support. We are divorcing because I found out he has been cheating on me for the last 5 years. We live in a no-fault state.
Asked on April 24, 2012 under Family Law, Washington
Answers:
Kenneth Berger / Kenneth A. Berger, Attorney at Law
Answered 12 years ago | Contributor
In Washington, the general rule of thumb is that if maintence (aka spousal support) is justified the starting point is about 1 year of maintence for every 4 years of marriage. Of course there are so many other factors, like: how much maintenance if needed; why is maintenance needed; how large is the marital estate; what are the current and projected incomes of the parties...
Cheating and fault are typically not a consideration. Good Luck.
As always, my comments are only applicable to Washington State and are not a substitute for getting competent, local, and more comprehensive, legal help.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is my understanding that there is very little codofoed law in the state of Washington regarding the awarding of spousal support. The court - or a judge - has a lot of leeway to consdier the factors of the case and to award support. The length of time of the marriage, the fact that you put your career on hold - these facts count. If you can not agree then a court should decide. You are a community property state - important - and he has a military pension - important. Make sure you get advice from ana ttorney familiar with military pensions. Good luck.
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