Alimony (spousal support) in Washington is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Washington, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Washington’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Washington family law statutes as of May 2026.
In This Washington Alimony Guide:
Types of Alimony in Washington
Washington courts may award the following types of alimony:
- Washington recognizes three main types of spousal maintenance: (1) Temporary maintenance — awarded during the pendency of divorce proceedings under RCW 26.09.060
- lasting until the divorce is finalized; (2) Rehabilitative maintenance — short-term support (typically 1-5 years) designed to help the recipient spouse obtain education
- training
- or employment to become self-supporting; (3) Permanent (long-term/indefinite) maintenance — awarded in long marriages (typically 25+ years) or when a spouse cannot become self-supporting due to age
- disability
- or other factors. Washington does not use the terms “bridge-the-gap
- ” “durational
- ” or “reimbursement” as formal statutory categories.
How Washington Calculates Alimony
Washington does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
Washington courts consider these factors when determining alimony:
- Under RCW 26.09.090
- courts consider the following factors: (1) The financial resources of the party seeking maintenance
- including separate or community property apportioned to that party
- and the party’s ability to meet their needs independently
- including the extent to which a provision for support of a child living with the party includes a sum for that party; (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to their skill
- interests
- style of life
- and other attendant circumstances; (3) The standard of living established during the marriage or domestic partnership; (4) The duration of the marriage or domestic partnership; (5) The age
- physical and emotional condition
- and financial obligations and resources
- including the earning capacity
- of the spouse or domestic partner seeking maintenance; (6) The ability of the spouse or domestic partner from whom maintenance is sought to meet their needs and financial obligations while meeting those of the party seeking maintenance.
Income disparity: NO — not as a strict prerequisite. In In re Marriage of Wilcox (August 8, 2024), the Washington Supreme Court held that financial need is not a prerequisite to a spousal maintenance award. The court ruled that a requesting spouse’s need must be considered among the statutory factors, but it is not a threshold requirement that must be met before maintenance can be awarded. Courts must weigh all six RCW 26.09.090 factors holistically, and need is given no more weight than any other factor.
Vocational evaluation: YES. Washington courts use vocational evaluations to assess earning capacity, particularly when determining whether to impute income to a non-working or underemployed spouse. Courts may order or consider vocational evaluations to assess a party’s skills, education, work history, health, age, and labor market conditions to determine realistic earning potential. The court may rely on a vocational evaluator’s findings but is not bound by them. Vocational evaluations are commonly used in both maintenance and child support proceedings (see also RCW 26.19.071(6) regarding imputation of income).
Washington Alimony Duration Guidelines
Washington has no statutory durational limits or formal guidelines. Courts determine duration on a case-by-case basis using the six RCW 26.09.090 factors. Informal practitioner guidelines suggest: short marriages (under 5 years) receive minimal or no maintenance; mid-length marriages (5-25 years) may receive roughly 1 year of maintenance per 3-4 years of marriage; long marriages (25+ years) may receive indefinite/permanent maintenance. These are informal benchmarks, not binding rules.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under Under 5 years (informal practitioner guideline, not statutory). Courts generally try to restore both spouses to their pre-marriage financial position for marriages under 5 years.) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (25 years (informal practitioner guideline, not statutory). Marriages of 25+ years have a higher likelihood of indefinite/permanent maintenance awards, though this is not guaranteed.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES. Washington allows indefinite (permanent) spousal maintenance. It is most commonly awarded in long-term marriages (25+ years) or when a spouse cannot become self-supporting due to age, disability, or other factors. There is no statutory prohibition against permanent maintenance, and the court has broad discretion.
Modifying & Terminating Washington Alimony
Modification: YES. Under RCW 26.09.170, spousal maintenance may be modified upon a showing of a substantial change of circumstances. The change must be material, non-voluntary, and not foreseeable or within the contemplation of the parties at the time the original decree was entered. Voluntary unemployment or voluntary underemployment of the payor, by itself, is not a substantial change of circumstances. Modifications apply only to installments accruing after the petition for modification is filed. Either party (payor or recipient) may petition for modification. Examples of qualifying changes include involuntary job loss, significant long-term income reduction, serious health changes, or the recipient’s substantial improvement in earning capacity.
⚖️ Get Free Divorce Guides
Free · No spam · Unsubscribe anytime
Cohabitation: Cohabitation does not automatically terminate spousal maintenance in Washington. Unlike remarriage, there is no statutory provision for automatic termination upon cohabitation. The paying spouse must petition the court and demonstrate that the recipient’s cohabitation constitutes a substantial change of circumstances — specifically, that the new living arrangement has materially reduced the recipient’s financial need (e.g., shared rent, utilities, or other expenses). The court evaluates whether the cohabitation has genuinely improved the recipient’s financial situation.
Remarriage: Under RCW 26.09.170(2), the obligation to pay future maintenance is automatically terminated upon the remarriage of the party receiving maintenance or registration of a new domestic partnership by the recipient, unless the divorce decree expressly provides otherwise in writing. This termination is automatic by operation of law.
Retirement: The planned retirement of the paying spouse at a reasonable retirement age can constitute a substantial change of circumstances sufficient to petition for modification or termination of maintenance under RCW 26.09.170. However, voluntary early retirement or voluntary reduction of income would likely not qualify, as voluntary underemployment alone is not a substantial change of circumstances. Courts evaluate whether the retirement is reasonable and bona fide (e.g., reaching Social Security eligibility age or standard retirement age) versus a strategic attempt to reduce maintenance obligations.
Tax Implications of Washington Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Washington divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Washington Alimony
Adultery: Adultery has NO effect on spousal maintenance awards in Washington. Washington is an exclusively no-fault divorce state. Courts are prohibited from considering marital fault, including adultery, when determining whether to award maintenance, the amount, or the duration. The only ground for divorce in Washington is that the marriage is irretrievably broken (RCW 26.09.030). However, if a spouse dissipated community assets on an affair (e.g., spending marital funds on an affair partner), courts may address that as waste of community property in the property division — but this affects property division, not maintenance.
Other marital misconduct: NO. Marital misconduct of any kind (not just adultery) does not affect spousal maintenance determinations in Washington. RCW 26.09.090 requires maintenance decisions to be made without regard to marital misconduct. Washington is a pure no-fault state and courts are barred from considering fault in maintenance awards. The only potential exception is if misconduct involved dissipation of marital assets, which may be addressed in property division rather than maintenance.
Additional Washington rules: (1) Washington uses the term “spousal maintenance” rather than “alimony” in its statutes. (2) In re Marriage of Wilcox (2024) — the Washington Supreme Court ruled that financial need is not a prerequisite to a maintenance award, changing prior practitioner assumptions that maintenance was strictly about “need and ability to pay.” Courts must consider all six statutory factors holistically. (3) Washington’s maintenance statute (RCW 26.09.090) applies equally to domestic partnerships as to marriages. (4) Maintenance terminates automatically upon death of either party under RCW 26.09.170(2). (5) There is no statutory cap on the amount or duration of maintenance. (6) Washington has no recent legislative reforms to its maintenance statute — the statute has remained largely unchanged, with case law (such as Wilcox) providing the primary evolution in how maintenance is applied.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Washington Alimony Statute: RCW 26.09.090 (maintenance orders — factors); RCW 26.09.060 (temporary maintenance during proceedings); RCW 26.09.170 (modification and termination of maintenance)
Last verified May 2026. Contact us if you notice outdated information.