Washington Court Finds Decision Not to Retire Is Substantial Change Supporting Modification of Spousal Maintenance

Once a Washington divorce decree is issued, a maintenance award can only be modified by the court when the party seeking the modification shows a substantial change in circumstances.  A fact unknown to the trial court or an unanticipated fact that arises after the decree is entered may constitute a substantial change in circumstances.  In a case involving spousal maintenance, commonly referred to as “alimony,” a substantial change may involve a significant increase or decrease in income.  In a recent case, the ex-wife sought to continue maintenance when her ex-husband decided not to retire at the time they had previously expected him to do so. The divorce decree required the husband to pay spousal maintenance in the amount of $1100 per month for 48 months.  The wife sought to extend the maintenance four years later.  She alleged there was a substantial change in circumstances because the husband had not retired from the military as she had…

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