BILL REQ. #:  H-3295.1 

Read first time 01/11/12.   Referred to Committee on Judiciary.

     AN ACT Relating to consideration of domestic violence when ordering maintenance; 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 except as provided in subsection (2) of this section, 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 standard of living established during the marriage or domestic partnership;
     (d) The duration of the marriage or domestic partnership;
     (e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and
     (f) 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.
     (2) When determining whether and to what extent maintenance is just, the court shall also consider any documented evidence of any history of domestic violence, as defined in RCW 26.50.010, between the parties, including whether the party seeking maintenance committed acts of domestic violence against the party from whom maintenance is sought.