When Maintenance Is Awarded
Washington courts consider the factors in RCW 26.09.090 when determining spousal maintenance, including:
- The financial resources of each spouse
- The time needed to acquire education or training for employment
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical/emotional condition of each spouse
- The ability of the paying spouse to meet their own needs while paying maintenance
Types of Spousal Maintenance
Temporary Maintenance: Awarded during the divorce process to maintain the status quo. Ends when the final decree is entered.
Short-Term (Rehabilitative) Maintenance: Awarded for a set period to allow the receiving spouse to become self-supporting through education, training, or work experience.
Long-Term Maintenance: Awarded in longer marriages (typically 20+ years) or when the receiving spouse cannot become fully self-supporting due to age, health, or other factors.
Lump-Sum Maintenance: A one-time payment instead of ongoing monthly payments. May be used when the paying spouse has significant assets but limited income.
Calculating Amount
Washington does not have a statutory formula for calculating maintenance. However, a common rule of thumb used by attorneys and judges is:
Amount: 25-35% of the income disparity between spouses
Duration: 30-50% of the length of the marriage
Example: In a 20-year marriage where Spouse A earns $120,000/year and Spouse B earns $40,000/year, the income disparity is $80,000. Maintenance might be $20,000-$28,000/year (25-35% of $80,000) for 6-10 years (30-50% of 20 years).
This is a guideline, not a guarantee. Judges have broad discretion, and the actual amount will depend on the specific facts of your case.
Modification
Maintenance can be modified if there is a substantial change in circumstances, such as job loss, significant income change, retirement, remarriage of the receiving spouse, or cohabitation. The party requesting modification bears the burden of proof.
Tax Treatment
Post-2018 divorces: Maintenance is NOT deductible by the payer and NOT taxable to the recipient (Tax Cuts and Jobs Act).
Pre-2019 divorces: Maintenance is deductible by the payer and taxable to the recipient, unless the decree has been modified to adopt the new rules.