How does alimony work in Washington?
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:
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)
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
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.
- 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
- 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.