Alimony technically doesn’t exist in Washington, but Spousal Maintenance does. The different is nuanced and only interesting to legal nerds. The reality is that ending a marriage often results in a difference in income and earning ability that the court can address through a transfer of income (and future expected income) from one spouse to another.
While the difference between alimony and spousal maintenance is a topic best left to academic debate, it is useful to know that alimony is part of traditional family law where the husband is expected to care for the wife despite divorce. The newer term of Spousal Maintenance was introduce in Washington and other states to address the reality that many people live in two income households and alimony is not always necessary.
In fact, spousal maintenance is nominally meant to be a temporary fix and allow one spouse to return to school, get training, or otherwise develop the ability to increase their earning capacity. That would allow both parties to be on relatively equal financial footing. The law will also take into account when this isn’t possible due to disability or age and it will allow for elimination when it isn’t possible.
The many factors that Washington lists to determine a spousal maintenance award boil down to the idea that the court is to determine the needs of the party requesting spousal support and the ability of the paying party to pay it. And, yes, that means that men can now receive an award of spousal maintenance if the factors align. RCW 26.09.090
At Pacific Northwest Family Law, we help clients approach alimony questions with fairness and foresight. The goal is to reach a fair order that allows our clients to protect their financial future and rebuild after divorce. Spousal maintenance is meant to help both people move toward financial independence after divorce.
For more general information about Divorce, visit our page Divorce in Washington State
What qualifies a spouse for alimony in Washington?
The court considers need and ability to pay. If one spouse requires financial support to meet reasonable needs and the other has income available to provide it, maintenance may be appropriate. RCW 26.09.090
How is alimony calculated in Washington State?
There’s no formula. Judges weigh multiple factors: the length of the marriage, each spouse’s income and earning potential, standard of living during the marriage, and future financial outlook. RCW 26.09.090
What is fair when it comes to alimony?
Fairness depends on context. A short marriage between two working spouses may involve little or no support, while a long marriage where one partner stayed home to raise children may justify longer-term maintenance. Each case is unique.
How long do you have to be married to get alimony?
There’s no specific minimum, but duration matters. Generally, shorter marriages result in shorter or no maintenance, while long-term marriages often involve ongoing support for a time proportional to their length.
Can I get alimony after a short marriage?
It’s uncommon but possible. If one spouse made significant sacrifices or faces immediate hardship, temporary maintenance can provide a brief period of stability while adjusting to independence.
Can I file for alimony after divorce?
Maintenance must usually be requested before the final divorce order. Once a decree is entered without an alimony provision, adding one later is extremely difficult. Early legal advice prevents missed opportunities. But if your divorce is not final, an attorney may be able to help you change your requests and update the Court with issues you want to address.
How long must alimony be paid?
It depends on the marriage’s duration, earning potential, and other support obligations. Many awards are temporary and meant to give the supported spouse time to retrain or reenter the workforce.
How can I avoid paying alimony in Washington?
Alimony, called Spousal Maintenance under Washington Law, is part of an overall division of property. Courts expect both spouses to contribute to their own support if possible. A realistic budget, balanced property division, or one-time financial settlement can sometimes reduce or replace maintenance obligations. And it may be possible to structure a property settlement to take care of the other spouse in lieu of spousal maintenance.
Is alimony taxable in Washington?
No. Since 2019, spousal maintenance is not tax-deductible for the payer and not taxable to the recipient under federal law. (This replaced the previous IRS rule that treated alimony as income to the recipient.) IRS Tax Topic 452, Alimony and separate maintenance
Can alimony be modified later?
Yes, if circumstances change substantially — such as job loss, illness, or retirement. Modifications require proof of a significant, lasting change that affects ability to pay or need for support. RCW 26.09.170
How Pacific Northwest Family Law Helps
Spousal support is one of the most sensitive parts of any divorce. We help clients evaluate what’s fair, negotiate balanced agreements, and plan for future changes.
Whether you’re seeking maintenance or facing a request for it, our role is to protect your financial stability — not through conflict, but through clarity and careful preparation.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025.