Divorce orders cover a range of different topics property division, spousal maintenance (alimony), child custody, and child support. But for some of these, life may change the fairness of the original order. This is especially true if you divorce younger. Still others may face a divorce decree (final divorce order) that is patently unfair or where there was some underhandedness by the opposing party. Jobs shift, incomes rise or fall, children grow, and practical realities change.
While court orders are the final word from the court, it is possible to change certain aspects and get new final orders. Certain aspects of divorce that deal with children are especially modifiable, reflecting the reality of growing up. Other aspects require very specific facts to change like property division. Washington State law allows changes for those who meet the legal requirements to do so.
Still other times, your ex-spouse continues to disappoint you and fails to obey the court orders. They don’t refinance the mortgage, or they don’t follow a parenting plan. Or maybe your monthly alimony check is short… again. The courts have the power to enforce orders through contempt and other legal action that allow you to recover the property the court determined belong to you.
Of course, court orders are not self enforcing. If you do not take action, you simply lose out on what should have happened.
At Pacific Northwest Family Law, we help clients revisit their orders with clarity and precision. Whether you need to enforce a missed deadline, correct confusing language, pursue or defend a modification, or appeal an error, we guide the process step by step. Our goal is simple: to protect the progress you’ve made while adapting your orders to the realities of your life today.
Support Modifications In Divorce
Can child support or parenting plans be modified after divorce?
Yes, but these issues follow separate legal standards and are covered in the Child Support & Parenting Plans pillar. (link: Custody, Parenting Plans & Relocation)
Can spousal maintenance be modified after the divorce is final?
Maintenance may be modified under RCW 26.09.170 if there has been a substantial, unanticipated change in circumstances and the original order allows modification. Nonmodifiable maintenance cannot be altered later.
Does remarriage or cohabitation automatically end spousal maintenance?
No. Remarriage or cohabitation may reduce financial need, but maintenance only ends automatically if the decree requires it or the court orders termination.
Can retirement justify changing or ending spousal maintenance?
Possibly. Courts examine whether retirement is reasonable, voluntary, and significantly impacts earning capacity before modifying maintenance.
Property Division, Finality & Post-Decree Remedies
Can property division be modified after the divorce?
Property division is meant to be final, and Washington courts generally cannot modify it under RCW 26.09.170(1). However, if one spouse hid assets, committed fraud, or the division was obtained unfairly, the court may reopen the case under Civil Rule 60. These situations are rare and require strong evidence, but they create an exception to the usual rule of finality.
What if my ex lied about assets during the divorce—can the case be reopened
Yes. A decree may be reopened under CR 60(b) for fraud, misrepresentation, or concealment of assets, as illustrated in In re Marriage of Bresnahan, 505 P.3d 1218 (Wash. Ct. App. 2022).
What is the difference between a modification and a CR 60 motion?
A modification changes future obligations such as maintenance or support. A CR 60 motion challenges the validity of the decree itself based on fraud, mistake, or procedural error.
Can a QDRO or pension division be modified after the divorce?
Generally no. A QDRO or DRO enforces the decree and cannot change the substance of a property award; only drafting errors that fail to reflect the court’s intent can be corrected.
Can I modify the divorce decree if I discover a tax problem later?
It depends. Clerical drafting errors may be corrected under CR 60(a), but tax consequences alone rarely justify modifying a decree. Significant fraud may support a CR 60(b) motion.
Enforcement, Contempt & Compliance
What happens if my ex refuses to follow the divorce decree?
You may file a motion for enforcement or contempt. Courts can impose fines, fees, make-up performance, or jail for willful violations under RCW 26.09.160.
What is the difference between contempt and enforcement actions?
Enforcement compels compliance with the decree, while contempt sanctions willful disobedience. Contempt carries penalties and possible incarceration.
Can I recover attorney fees if my ex violates the decree?
Often yes. RCW 26.09.160 allows fee awards for intentional violations, and courts may award fees in the interest of equity during enforcement.
How do I enforce orders requiring refinance, property transfer, or debt payment?
Washington courts have several tools to enforce property-related obligations in a divorce. If a spouse fails to meet deadlines for refinancing, transferring title, paying debts, or signing required documents, the court may:
- Find contempt for willful violation of the decree (RCW 26.09.160)
- Court-ordered deadlines with sanctions or attorney-fee awards
- Authorization for the judge or commissioner to sign documents on the noncompliant spouse’s behalf under CR 70
- Appointment of a commissioner, special master, or receiver when needed to carry out the transfer
- Entry of judgments for unpaid obligations, which can be collected like any civil judgment
These remedies ensure that property division is more than a promise — it becomes a legally enforceable result. An attorney can help determine which enforcement path is most efficient and effective for your situation.
Can I collect past-due spousal maintenance after the divorce is final?
Yes. Unpaid spousal maintenance does not become a judgment automatically, but you can ask the court to convert the missed payments into a judgment for the full amount owed. Once entered, the judgment can be collected through wage garnishment, liens, execution on assets, or contempt proceedings under RCW 26.09.160. Interest also accrues on unpaid maintenance. An attorney can help you choose the enforcement method most likely to succeed.
Can interest accrue on unpaid support or equalization payments?
Yes. Unpaid obligations can accrue interest at the statutory judgment rate under RCW 4.56.110.
What if my ex refuses to refinance the mortgage or remove my name from a loan?
Courts can enforce the refinancing requirement, impose new deadlines, appoint a signer, or impose sanctions for noncompliance.
Can the court impose new deadlines or corrective orders if my ex delays compliance?
Yes. Courts have broad authority to enforce decrees and may enter corrective orders, set new timelines, or impose penalties under RCW 26.09.300.
Appeals, Clarification & Post-Decree Procedure
How long do I have to appeal a divorce decree in Washington?
Appeals move on a very short timeline. In Washington, you generally have 30 days from the date the final divorce decree is entered to file a Notice of Appeal (RAP 5.2(a)). If the notice is not filed within that window, the right to appeal is usually lost. Because the deadline is strict, parties must act quickly if they believe the court misapplied the law, overlooked key evidence, or entered an unfair ruling.
Can I fix mistakes in the decree without filing an appeal?
Yes. Clerical errors may be corrected under CR 60(a). Substantive changes require a modification or CR 60(b) motion.
How do I ask the court to clarify confusing or inconsistent language in the decree?
If the decree contains unclear, contradictory, or incomplete language, you can file a motion for clarification. Washington courts have authority to interpret or explain ambiguous provisions, but they cannot change the substance of the decree without going through the proper modification process.
Courts draw a clear line between clarifying an order and modifying it. A clarification fixes ambiguity or explains what the decree already requires; a modification changes the parties’ rights and must follow the formal statutory procedures (see Rivard v. Rivard, 75 Wn.2d 415 (1969); CR 60(a)).
An attorney can help you determine whether the issue is truly a clarification or whether it legally counts as a modification requiring a different type of motion.
Do informal agreements change a court order?
Not all court orders can be changed and informal agreements do not change the orders. Agreements could be a defense against enforcing the order or a basis to change an order that can be changed. An agreement for more residential time, for example, is only effective if you return to court to modify a parenting plan. Same with spousal maintenance.
Can a divorce decree be modified if both parties agree?
Informal agreements do not change a court order by themselves, but they may become the basis for a future modification if the law allows that part of the order to be changed. For example, private agreements about child support, parenting time, or ongoing maintenance have no legal effect until the court approves the agreement as a new order.
Property division is different — once the court enters a Final Divorce Order, property awards cannot be changed by agreement or modification.
How long do post-decree modification cases usually take?
Most take several months, depending on discovery, mediation requirements, and court calendars. Enforcement actions may move more quickly.
Protecting Your Future After Divorce
Updating or enforcing a divorce order isn’t about re-litigating the past—it’s about keeping your family stable as circumstances evolve. These cases require careful timing, strong documentation, and a clear understanding of what the law allows and what it does not. Property awards are final. Support can change when life changes. Parenting issues follow an entirely separate legal process. And appeal rights expire quickly if you don’t act in time.
At Pacific Northwest Family Law, we help clients move forward with confidence. We enforce orders, pursue modifications when appropriate, and correct errors that stand in the way of fairness. When life shifts, we provide the structure, strategy, and advocacy needed to keep your family secure.
If you’re facing new challenges after divorce, we’re here to help you take the next step.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025