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How does alimony work in Washington?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Washington maintenance is governed by RCW 26.09.090 and reflects the state's status as a community property jurisdiction.

1. No Formula

Washington explicitly rejects a statewide guideline. Maintenance is discretionary and decided case-by-case.

2. Six Statutory Factors — RCW 26.09.090(1)

The court considers all relevant factors including:

  • Financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and ability to meet needs independently
  • Time necessary to acquire sufficient education or training to enable employment
  • Standard of living established during the marriage
  • Duration of the marriage
  • Age, physical and emotional condition, and financial obligations of the spouse seeking maintenance
  • Ability of the spouse from whom maintenance is sought to meet his or her own needs while meeting those of the other spouse
  • 3. Community Property First

    Because Washington is a community property state, division of community property under RCW 26.09.080 comes first. A spouse who receives substantial community property may need less or no maintenance.

    4. Practitioner Rule of Thumb (Not Statutory)

    Many Washington family law attorneys and judges informally apply the "one year of maintenance for every three to four years of marriage" guideline. This is not statutory but is widely cited in negotiation.

    5. Marriage Duration Categories (Practical)

  • Short-term (under 5 years): maintenance rare; if awarded, very brief
  • Mid-length (5-25 years): rehabilitative maintenance common
  • Long-term (25+ years): equalizing maintenance possible — Washington courts more willing to award lifetime support for long marriages
  • 6. Modification — RCW 26.09.170

    Modifiable on a showing of substantial change in circumstances not contemplated at the time of decree. Parties may agree to make maintenance non-modifiable by express decree language.

    7. Termination

  • Death of either party
  • Remarriage of the recipient (RCW 26.09.170(2)) UNLESS the decree expressly provides otherwise
  • Cohabitation is not an automatic termination event; it may justify modification but is a factor only
  • 8. Lump Sum Allowed

    Washington recognizes lump-sum maintenance, which is generally non-modifiable.

    9. Tax Treatment

    Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your marriage is 25+ years and lifetime maintenance is at issue
    • Community property division will significantly affect maintenance need
    • You want to make maintenance non-modifiable by agreement
    Related Statutes & Laws
    • RCW 26.09.080
    • RCW 26.09.090
    • RCW 26.09.170

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.