In Washington State, alimony is called spousal maintenance, and there's no statewide formula. A court can order maintenance for either spouse or domestic partner in amounts and for periods it deems just, after weighing six factors in RCW 26.09.090, and it must decide without regard to misconduct. Maintenance ends on death or the recipient's remarriage unless agreed otherwise.
That no-misconduct rule is the first thing to understand. In Washington, who caused the breakup isn't part of the maintenance decision. What counts is need, ability to pay and the shape of the marriage. The rules below come from the Revised Code of Washington, checked in October 2026.
This is a plain-English summary of what the statute says, checked in October 2026. It isn't legal advice, and a family lawyer or your county court's self-help center can tell you how it applies to your case.
The six factors in RCW 26.09.090
- The financial resources of the party seeking maintenance, including separate or community property awarded to them, and their ability to meet their needs independently, including any part of child support that covers that party.
- The time needed to get enough education or training to find employment suited to their skill, interests, style of life and other circumstances.
- The standard of living established during the marriage or domestic partnership.
- The duration of the marriage or domestic partnership.
- The age, physical and emotional condition, and financial obligations of the spouse or partner seeking maintenance.
- The ability of the spouse or partner asked to pay to meet their own needs and financial obligations while meeting those of the other.
Financial obligations appear on both sides of the list, in factor five for the spouse asking and factor six for the spouse paying, so existing debts count for each of you. The list is open-ended. The statute says the court considers all relevant factors including, but not limited to, these six, and it sets the amount and the period in the same order.
What the factors mean in practice
| Factor | Question the court is asking |
|---|---|
| Financial resources | After the property division, can this spouse cover their own needs? |
| Time for training | How long until they can earn at a level suited to their skills and circumstances? |
| Standard of living | What did the household's life look like during the marriage? |
| Duration | How long did the marriage or partnership last? |
| Age and condition | Do age, health or existing obligations limit what this spouse can do? |
| Ability to pay | Can the other spouse meet their own obligations and still pay? |
Because the statute sets no formula, two cases with similar incomes can come out differently. That's why the evidence filed in your case carries so much weight.
Spouses and domestic partners are treated the same
Every part of RCW 26.09.090 applies equally to spouses and to domestic partners. A maintenance claim can be made in a dissolution, a legal separation, a declaration of invalidity, or a later proceeding where the original court lacked personal jurisdiction over an absent spouse or partner.
Temporary maintenance while the case runs
Under RCW 26.09.060, either party can move for temporary maintenance, or temporary child support, while the case is pending. The motion has to be accompanied by an affidavit setting out the factual basis for it and the amounts requested. As part of the same motion, or separately, either party can ask for a temporary restraining order or preliminary injunction in the circumstances the statute lists.
When maintenance changes or ends
- Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance ends on the death of either party.
- It also ends on the remarriage of the party receiving it, or their registration of a new domestic partnership, on the same terms.
- A maintenance order can be modified only as to installments accruing after the petition for modification is filed, so past-due amounts aren't rewritten.
That last rule has a practical edge. If your circumstances change, file promptly, because a modification can't reach back before the petition date. There's one exception in RCW 26.09.170: motions to compel adjustments the court already ordered take effect from the first date the decree set for the adjustment, not from the date of the motion.
The child support side runs on its own rules in the same section. Child support terms end on the child's emancipation or the death of the parent paying, unless agreed otherwise in writing or set out in the decree, so the two obligations can end at different times.
Taxes
For federal tax, the IRS says alimony under a divorce or separation agreement executed after 2018 isn't deductible by the payer and isn't income for the recipient. If maintenance is withheld from pay, this guide to wage garnishment explains the process, and if a joint tax refund is caught up in a former spouse's debts, Form 8379 for injured spouse claims may help.
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Verdict
Washington leaves maintenance to the judge's view of what's just, guided by six factors and with misconduct off the table. That makes preparation the deciding factor: clear evidence of needs, resources, earning prospects and the marital standard of living. If anything changes after the decree, file for modification quickly, because the clock only starts when you do.
Frequently asked questions
Is there an alimony formula in Washington State?
No. RCW 26.09.090 lets the court set maintenance in amounts and for periods it deems just after considering all relevant factors, including six listed in the statute.
Does cheating affect alimony in Washington?
No. The statute says the court decides maintenance without regard to misconduct.
When does spousal maintenance end in Washington?
Unless agreed otherwise in writing or set out in the decree, future maintenance ends on the death of either party or the recipient's remarriage or registration of a new domestic partnership.
Can I get temporary maintenance in Washington?
Yes. Under RCW 26.09.060, either party can move for temporary maintenance during the case, with an affidavit setting out the facts and the amounts requested.
Can maintenance be changed after a Washington divorce?
Yes, but a modification applies only to installments that accrue after the petition for modification, so it can't change amounts already due.
Do domestic partners get spousal maintenance in Washington?
Yes. RCW 26.09.090 applies to either spouse or either domestic partner, and maintenance ends on the recipient's registration of a new domestic partnership as well as on remarriage, unless agreed otherwise.
