Spousal Support in Washington State Divorce

Understanding Spousal Support After Separation and Divorce

One of the most common concerns during a divorce is whether one spouse will be required to financially support the other after the marriage ends. In Washington State, this financial support is known as spousal maintenance, although many people still refer to it as alimony or spousal support.

Spousal maintenance can be one of the most contested issues in a divorce because it directly impacts the financial future of both parties. While some people assume maintenance is automatic after a long marriage, others believe it is only available when a spouse has no income at all. Neither assumption is correct.

Washington courts evaluate each case individually and determine whether maintenance is appropriate based upon the unique circumstances of the parties.

What Is Spousal Maintenance?

Spousal maintenance is a court-ordered payment from one spouse to the other following separation or divorce. The purpose of maintenance is not to punish one spouse or reward another. Instead, maintenance is intended to help achieve a fair financial outcome and, in many cases, assist a spouse in becoming financially independent.

Maintenance may be awarded temporarily during the divorce process, for a fixed period after divorce, or in some cases for an extended duration.

Washington Courts Have Broad Discretion

Unlike child support, which is calculated using statutory guidelines, there is no formula that determines spousal maintenance in Washington.

Judges have broad discretion to decide:

• Whether maintenance should be awarded;
• The amount of maintenance;
• The duration of maintenance; and
• The terms and conditions of payment.

As a result, maintenance outcomes can vary significantly depending upon the facts of each case.

Factors Courts Consider

Under Washington law, RCW 26.09.090, courts consider several factors when determining maintenance.

The Financial Resources of the Requesting Spouse

The court examines the assets, income, and financial resources available to the spouse requesting support.

This includes:

• Employment income;
• Investment income;
• Property awarded in the divorce;
• Separate property; and
• The ability to meet reasonable financial needs independently.

A financial declaration, which is essentially a monthly budget, accompanies the financial information to assist the Court in its maintenance evaluation and determination.

Time Needed for Education or Training

If a spouse requires additional education, licensing, or vocational training to become self-supporting, the court may award maintenance to provide time to obtain those skills.

For example, a spouse who left the workforce to raise children may require time to update professional credentials or complete educational programs before reentering the job market.

Standard of Living During the Marriage

Courts consider the lifestyle enjoyed by the parties during the marriage. No two marriages are financially the same, and the standard of living in one matter may be drastically different when looking at the overall financial picture, resources, spending, and obligations.

While divorce often requires both spouses to make financial adjustments, courts attempt to avoid situations where one spouse experiences severe financial hardship while the other maintains substantially the same standard of living.

Duration of the Marriage

The length of the marriage is often one of the most significant factors.

Although there are no hard rules, Washington courts often view marriages as:

• Short-term marriages (generally less than 5 years);
• Mid-term marriages (approximately 5–25 years); and
• Long-term marriages (typically over 25 years).

The longer the marriage, the more likely maintenance may be awarded for a substantial period, if not indefinitely, especially if the parties are older or approaching retirement.

The Long-Term Marriage Doctrine

Washington courts have frequently recognized that long-term marriages are different from short-term marriages when evaluating maintenance. In many long-term marriages, the objective is not simply to provide temporary support but to place the parties in roughly equal financial positions for the remainder of their lives.

While no spouse is automatically entitled to maintenance, courts often consider whether one spouse's earning capacity, retirement benefits, and future opportunities have been enhanced by the contributions and sacrifices of the other spouse during the marriage.

As a result, maintenance awards in long-term marriages are often larger and may continue for substantially longer periods than awards entered in short-term marriages.

Age, Health, and Employment Prospects

Courts evaluate whether a spouse's age, health, work history, and earning capacity affect their ability to become financially independent.

A spouse approaching retirement age may face different challenges than a younger spouse with significant future earning opportunities.

Ability of the Other Spouse to Pay

The court must also consider whether the spouse paying maintenance can meet their own financial obligations while providing support.

Maintenance awards must be reasonable and financially sustainable.

Many family law attorneys would argue that the need versus ability to pay analysis is often the most important factor in a maintenance case. In many late mid-term and long-term marriages, courts frequently focus on equalizing available income between the parties when determining maintenance.

Temporary Maintenance During Divorce

Many spouses require financial assistance before a divorce is finalized.

Washington courts may enter temporary orders requiring one spouse to pay maintenance while the case is pending pursuant to RCW 26.09.060.

Temporary maintenance can help cover:

• Housing expenses;
• Utilities;
• Food;
• Transportation;
• Insurance; and
• Other necessary living expenses.
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These temporary orders remain in effect until modified or replaced by final court orders.

Short-Term Rehabilitative Maintenance

One of the most common forms of maintenance is rehabilitative maintenance.

The goal is to provide support while a spouse gains education, training, or employment necessary to become self-supporting.

Examples may include:

• Completing a college degree;
• Obtaining professional licensing;
• Reentering the workforce after raising children; or
• Building a business or career following separation.
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Courts often view rehabilitative maintenance as an investment in a spouse's future earning capacity.

Long-Term Maintenance

Long-term maintenance is generally associated with lengthy marriages where the economic lives of the parties have become significantly intertwined.

In long-term marriages, courts often focus on placing both parties in relatively equal financial positions for the future.

A spouse who spent decades supporting the family, raising children, or sacrificing career opportunities may be entitled to substantial maintenance depending upon the circumstances.

Long-term maintenance does not necessarily mean permanent maintenance, but it may continue for many years.

Permanent Maintenance

Permanent maintenance is relatively uncommon but remains available in appropriate circumstances.

Situations that may justify permanent or indefinite maintenance include:

• Advanced age;
• Serious health conditions;
• Permanent disability;
• Limited employability; or
• Long marriages where meaningful self-sufficiency is unlikely.

Even so, maintenance orders remain subject to future modification under certain circumstances.

Relationship Between Property Division and Maintenance

Property division and maintenance are closely connected.

Washington courts do not analyze these issues in isolation.

For example:

• A spouse receiving significant income-producing assets may require less maintenance;
• A spouse receiving fewer assets may require greater support; and
• A substantial maintenance award may influence how property is divided.

Courts consider the entire financial picture when crafting a just and equitable result.

Can Spousal Maintenance Be Modified?

In many situations, yes.

Maintenance may be modified if there is a substantial change in circumstances after entry of the final order. The key word is "substantial."

Examples include:

• Significant changes in income;
• Disability;
• Retirement;
• Serious illness; or
• Other unforeseen financial circumstances.
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Courts generally will not modify maintenance simply because a party voluntarily reduces income or makes financial decisions that decrease earning capacity. Likewise, cohabitation with a new partner does not automatically terminate maintenance unless the parties specifically agreed to such a provision or the facts otherwise justify modification under Washington law.

Negotiating Maintenance Agreements

Many maintenance disputes are resolved through negotiation, mediation, or settlement conferences rather than trial.

Settlement can provide:

• Greater predictability;
• Reduced legal expenses;
• Faster resolution;
• Increased flexibility; and
• Customized solutions that may not be available through a court ruling.
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An experienced family law attorney can help evaluate potential maintenance outcomes and negotiate an agreement that protects your financial interests.

Another significant benefit of settlement is that the parties can often agree that maintenance will be fixed as to the amount paid and the duration of payments, providing certainty that may not exist following a contested trial.

Every Maintenance Case Is Unique

There is no calculator that can accurately predict spousal maintenance in every Washington divorce.

The outcome depends upon numerous factors, including the parties' incomes, assets, earning capacities, ages, health conditions, and the duration of the marriage.

Because maintenance decisions can have long-term financial consequences, obtaining knowledgeable legal advice is often critical to achieving a fair result.

Burkhalter Law PLLC

Whether you are requesting spousal maintenance, defending against a maintenance claim, negotiating a settlement, or seeking modification of an existing order, the outcome can have significant long-term financial consequences.

Burkhalter Law PLLC provides experienced representation in divorce, property division, spousal maintenance, and other family law matters throughout Snohomish County and the greater Puget Sound region.

Contact Burkhalter Law PLLC

S. Scott Burkhalter

Attorney at Law

Phone: 425-303-3110

Website: ssburklaw.com

Serving clients throughout Snohomish County, Everett, and the greater Puget Sound region.

We are here to help:  S. Scott Burkhalter, scott@ssburklaw.com, 4253033110.