Spousal Maintenance (Alimony) in Washington

In Washington, support payments after a divorce are commonly referred to as spousal maintenance (sometimes simply called “maintenance”). Under Washington law (primarily RCW 26.09.090), courts can award maintenance to help one spouse meet their reasonable needs based on various factors, including the length of the marriage and each spouse’s earning ability. Maintenance can be temporary or more long-term, depending on the circumstances.

Basic Eligibility for Spousal Maintenance

• Short-term marriages (often under 7 years) may result in little or no maintenance unless there is a compelling reason.
• Mid-length marriages (frequently 7–17 years) could warrant moderate maintenance for a set period.
• Long-term marriages (often 17+ years, though some courts consider 20+ or 25+ years) may lead to more extended or even “indefinite” maintenance, especially if one spouse is unlikely to become self-sufficient.

These durations are not strict cutoffs but are commonly referenced benchmarks among Washington family law attorneys.

Types of Spousal Maintenance in Washington

Although Washington law does not always use the same labels as some other states, the following outlines concepts that generally apply:

1. Temporary Maintenance (Pendente Lite)
   • Awarded while the divorce (dissolution) is ongoing.
   • Automatically ends or is replaced by a final maintenance award in the Decree of Dissolution.
2. Transitional (Bridge-the-Gap) Maintenance
   • Short-term support that helps a spouse move from married life to single life.
   • Covers immediate costs such as securing housing or paying start-up expenses post-divorce.
3. Rehabilitative Maintenance
   • Intended to help a spouse pursue education or training to become self-supporting.
   • Often requires a specific plan outlining the duration and cost of the program, as well as the timeline for achieving financial independence.
   • Either spouse can request a modification if circumstances change or the original plan is not followed.
4. Durational Maintenance
   • Awarded for a set number of years, especially in shorter or moderate-term marriages, when other types of maintenance are not suitable.
   • The length of payments is often tied to how long the spouses were married or how long it may take for the lower-earning spouse to become self-sufficient.
   • A significant change in circumstances (e.g., job loss or serious illness) can lead to a modification request, but usually only of the amount—not the duration.
5. Long-Term or Indefinite Maintenance
   • Typically granted in long-term marriages where one spouse may never be able to return to an earning potential that matches the marital standard of living.
   • Can be modified if a substantial change in circumstances arises (e.g., the paying spouse’s income changes significantly, or the receiving spouse becomes self-supporting).

Termination of Maintenance

In Washington, any spousal maintenance award—other than temporary support during the divorce—often ends upon:

• The death of either spouse
• The remarriage of the receiving spouse (unless the court specifies otherwise)
• A date or condition set forth in the Final Decree or Settlement Agreement

However, it’s essential to review your specific maintenance order or decree. Some types of maintenance (like rehabilitative) may have unique provisions regarding termination.