For decades, men bore sole responsibility for paying alimony to their ex-spouse. Traditionally, women were dependent on their husband’s income and needed spousal support to survive financially.
However, women working toward financial inclusion and bridging the gender pay gap have changed how courts determine spousal support, or maintenance, after a divorce.
Alimony is court-ordered financial assistance that one spouse pays the other during a divorce and typically for a certain period after. There is no definite formula for awarding alimony in Washington, but courts consider certain factors.
Economic gender inequalities still exist. However, it doesn’t invalidate the need to challenge gendered biases in alimony to encourage all spouses to seek the support they need.
Strategies for maintaining gender neutrality
Advocates for gender-neutral policies, such as spousal support, have pushed for strategies that include:
- Developing standardized guidelines: Alimony guidelines must promote fairness. Courts should focus on factors like income, earning capacity and the condition of the spouse seeking support. Using gender-inclusive language in legal documents and communications also helps.
- Evaluating on a case-by-case basis: Courts can avoid making assumptions by deciding based on considerations particular to the marriage and each spouse. However, referencing cases of alimony awarded to men can also break stereotypes.
- Providing training: Training judges and others in the legal system on gender neutrality can prevent biased decisions. Their attitudes must not reinforce societal expectations that might discourage a party from seeking support.
- Raising public awareness: Informing people that either spouse can request and receive spousal support is crucial in changing cultural attitudes on alimony.
- Encouraging legal representation: Advising both parties to get a lawyer to protect their rights fosters impartiality.
A divorce can strip a dependent or lower-earning spouse of financial security. But this shouldn’t lead to feelings of shame and isolation, no matter their gender.
While strategies promoting gender neutrality in divorce proceedings help protect your rights, it is advisable to consult an experienced family law attorney to strengthen your case and ensure a fair alimony ruling.
