Alimony, officially known as spousal maintenance in Washington State, is a court-ordered payment from one spouse to the other during or after a divorce. It’s designed to help a lower-earning or non-earning spouse meet their reasonable financial needs while adjusting to life without the income of their former partner.
Whether you're preparing for divorce, already in the process, or seeking to modify an existing support order, understanding how spousal maintenance is determined under Washington law is essential. This page offers practical, up-to-date information about how alimony works in Washington, including how it's calculated, how long it lasts, and what factors courts consider when awarding or modifying support. If you have any further questions, consult a trusted lawyer.
Understanding Spousal Support Under Washington Law: Key Statutes ExplainedIn Washington, spousal maintenance (commonly called alimony) is governed by several statutes that define both the nature of marital obligations and how support is awarded or modified.
Defining "community property.”
“Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property.”
— RCW 26.16.030(1)
Under Washington law, community property generally includes all assets and income earned by either spouse during the marriage, unless that property falls into a category defined as separate. This means wages, real estate, business income, retirement accounts, and other property acquired during the marriage are presumed to belong equally to both spouses. When determining alimony (also called spousal maintenance), the court will often consider the community property pool and each party’s share as part of its evaluation of financial need and ability to pay.
Property owned before marriage.
“Property and pecuniary rights owned by a spouse before marriage and that acquired by him or her afterwards by gift, bequest, devise, descent, or inheritance, with the rents, issues and profits thereof, shall not be subject to the debts or contracts of his or her spouse.”
— RCW 26.16.010
Washington recognizes “separate property” as assets acquired before marriage, gifts, and inheritances. These are typically not divided during a divorce and are not directly included in alimony calculations. However, the existence of significant separate property, such as a paid-off home or substantial inheritance, can influence whether a court believes one spouse has the financial ability to pay or does not need spousal support.
Calculating the amount of spousal support.
“The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors including but not limited to:”
— RCW 26.09.090(1)
The statute next lists factors related to alimony calculations. Washington does not use a strict formula for calculating spousal support. Instead, the court weighs a number of statutory factors, such as the length of the marriage, the standard of living established during the marriage, each spouse's income and earning capacity, and the requesting spouse’s financial needs. The goal is to ensure both parties can transition fairly post-divorce, especially when one spouse may have been financially dependent on the other.
Decided who is eligible for alimony.
“The court may grant a maintenance order... in such amounts and for such periods of time as the court deems just, without regard to misconduct…”
— RCW 26.09.090(1)
Either spouse may request spousal support, regardless of gender or marital conduct. Eligibility is based on demonstrated financial need and the other party’s ability to pay. The court may award temporary or long-term maintenance depending on factors like whether one spouse left the workforce to raise children or lacks the education or experience to become self-supporting right away.
Modifications to spousal support orders.
“The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state.”
— RCW 26.09.170(1)
Spousal maintenance orders can be modified after a divorce if there’s a substantial change in circumstances, such as job loss, serious illness, or a significant increase in income. However, changes to property division generally cannot be made. If you’ve experienced a major life shift and are either paying or receiving spousal support, you may be eligible to petition the court to adjust the original terms.
Frequently Asked Questions About Spousal Support in Washington State1. What is community property in Washington State?
Community property includes most assets and income acquired by either spouse during the marriage. This can include salaries, business income, retirement benefits, and real estate, regardless of whose name is on the title. Community property is considered jointly owned and can factor into decisions about property division and spousal support.
Learn more at Washington LawHelp – Property & Debt Division.
2. Can property I owned before marriage be considered in spousal support?
Generally, property owned before the marriage is considered “separate property” and is not divided in divorce. However, it may still be relevant to spousal support if it impacts one spouse’s financial need or the other’s ability to pay.
See more at Northwest Justice Project – Divorce FAQs.
3. How is spousal support calculated in Washington?
Washington courts consider a variety of factors, such as the length of the marriage, the financial needs of the requesting spouse, and the other spouse’s ability to pay, but there’s no fixed formula. Each case is unique, and the outcome depends on the facts presented. Your case will be handled by a specific Superior Court depending on where you live.
For an overview, visit the Court Directory to find the Superior Court in your jurisdiction.
4. Who qualifies to receive spousal support?
Either spouse may request spousal support during or after a divorce. The court will look at financial circumstances, not marital conduct. A judge may grant temporary or long-term support if it's deemed fair and necessary based on the parties’ financial situations.
More details available at Washington LawHelp – Dividing Property and Debts.
5. Can spousal support be changed after a divorce?
Yes. If there's a significant change in circumstances, such as a job loss, serious illness, or major income shift, you may petition the court to modify the original spousal support order. The court will decide whether the change justifies adjusting the terms.
Learn how to file a modification at Washington Courts – Family Law Forms.
Spousal support can be one of the most misunderstood aspects of a Washington divorce. Whether you’re seeking alimony or being asked to pay it, it’s critical to understand how the courts assess financial need, earning capacity, and fairness when awarding support. Every case is different—there’s no fixed formula—so having sound legal guidance is essential to protecting your financial future. From initial orders to modifications years down the line, the decisions made around spousal maintenance can have long-term implications for both parties.
At the Law Offices of Jason S. Newcombe, our experienced Washington divorce attorneys help clients throughout the state navigate the complexities of alimony with clarity and confidence. We bring over 50 years of combined legal experience to the table and offer practical, compassionate support tailored to your circumstances. Whether you’re filing for divorce, negotiating a settlement, or seeking a modification, we’re here to help.
Schedule your free consultation today and take the first step toward a resolution that works for you.
Our Washington Spousal Support Attorneys Can Answer Your Alimony QuestionsWashington divorce cases present a series of challenges that must be overcome, but issues of spousal maintenance (alimony) can often be contentious. Fortunately, Washington State law offers some basic guidelines on how spousal support is awarded, but every case is decidedly different. That’s why you should talk to one of our Washington spousal maintenance lawyers if you think you might be required to pay alimony, or if you are hopeful of obtaining spousal support.
You financial future is important, especially if you have children to support, so making wise decisions with help from a Washington alimony attorney can help you toward this end. More than likely, you have some questions about alimony and how it might apply in your divorce case. By revealing the specific details of your situation to one of our Washington spousal support attorneys they will be able to give you a better idea as to:
Our spousal support attorneys in Washington handle many alimony cases every year, and they can help you understand the law while working to address your monetary needs. While the law is clear, no two spousal maintenance cases are ever the same, so you will want to discuss your situation in detail.
Our Washington spousal maintenance lawyers will want information from you including your standard of living while you were married, how long the marriage lasted, each person’s financial resources, and their age and health. If you’re in the initial stages of a divorce, it’s a good idea to compile this information and have it ready for your Washington alimony attorney. Ultimately, this information will be used by your attorney when assessing your situation and during the negotiation process.
Our Washington Spousal Maintenance Lawyers Offer a Free ConsultationA Washington divorce is stressful, and can take an emotional toll on both parties and their children. At stake is your financial future, so you will want to work with your Washington alimony attorney to determine goals that will protect your bottom line. With decades of collective experience handling divorce and family cases, our Washington spousal support attorneys have the experience required to resolve your alimony issues.
Whether you are seeking to obtain alimony from an ex-spouse, or you are worried about the possibility of being on the hook for spousal maintenance, you need professional help to protect your interests and your legal rights.
You can contact us today for a free consultation about your alimony issues. We will answer your questions about alimony and how it applies in your situation. If you retain one of our spousal support attorneys in Washington they will immediately begin formulation a plan that recognizes both your goals and your needs.
Contact us today and we will guide you through the alimony process, working to protect the financial future of you and your family.