BILL REQ. #: H-3229.1
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/20/14. Referred to Committee on Judiciary.
AN ACT Relating to standards for awarding maintenance in dissolution or legal separation proceedings; and amending RCW 26.09.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 26.09.090 and 2008 c 6 s 1012 are each amended to read
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))) (1) 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))) (2) 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))) (3) The standard of living established during the marriage
or domestic partnership;
(((d))) (4) The duration of the marriage or domestic partnership;
(((e))) (5) The age, physical and emotional condition, and
financial obligations of the spouse or domestic partner seeking
maintenance; and
(((f))) (6) The ability of the spouse or domestic partner from whom
maintenance is sought to meet his or her needs and financial
obligations while meeting those of the spouse or domestic partner
seeking maintenance. The court may not grant a maintenance order if
the court finds that it is likely the person from whom maintenance is
sought would become eligible for public assistance as a result of the
maintenance order. For the purposes of this subsection, "public
assistance" means public aid to persons in need including assistance
grants, food assistance, work relief, disability lifeline benefits,
medical care services, and temporary assistance for needy families.