If you’re facing divorce in Washington, figuring out spousal maintenance can feel overwhelming. Unlike child support, which has straightforward guidelines, maintenance has no formula. How Washington approaches spousal maintenance gives couples significant flexibility, which can feel frustratingly vague when you’re trying to plan your financial future.

The good news? In mediation, you can conduct a thorough financial analysis that goes far beyond surface-level numbers. As a mediator with an MBA in Finance, I guide couples through a comprehensive review to help them reach maintenance agreements grounded in real data rather than fear or emotion.

Beyond Surface-Level Numbers: The Real Financial Analysis

When couples come to me for mediation, they often arrive with basic numbers. “I make $150,000, and my budget is $6,000 monthly.” “I only make $75,000 and need $6,500 to live on.”

These are starting points, but nowhere near sufficient. My job is to guide you through a deeper analysis that examines not just your current earnings and spending, but also your financial landscape post-divorce. We’re essentially building financial projections for two separate households.

This starts with comprehensive documentation. You’ll need recent pay stubs, at least two years of tax returns, profit and loss statements if self-employed, bank and credit card statements, retirement account statements, and detailed expense records. Incomplete information leads to incomplete agreements that often fall apart later.

Income Analysis: More Complex Than You Think

Income analysis for Washington spousal maintenance, evaluating bonuses, variable compensation, and self-employment cash flow to determine true earning capacity for fair support. Call (877) 732-6682 for experienced guidance from Equitable Mediation.

Income seems straightforward until you dig into it. Even W-2 employees need to consider factors beyond their base salary. Do you receive bonuses or commissions? How consistent are they? Stock options vesting? Overtime pay?

For self-employed individuals, analysis becomes significantly more complex. Your tax return shows one number, but is that your actual available income? Self-employed individuals often have legitimate business expenses that reduce taxable income but don’t necessarily reduce cash flow. We may need to reinstate depreciation or certain expenses to determine the actual economic income available for support accurately.

I’ve worked with business owners who claim they “only make $50,000 a year” per their tax return. Still, they’re driving a company car, the business pays their cell phone and health insurance, and they have significant discretionary spending running through the business. This isn’t about hiding income—it’s about understanding the complete economic picture.

We also consider income trends. Is your income likely to increase, decrease, or remain stable? If you’re in commission-based sales and the past two years were unusually high, is that sustainable? If you’ve been out of the workforce but have professional credentials, we need to assess your earning capacity—not just your current income—in a realistic way.

This kind of sophisticated income analysis is critical when you’re dealing with complex compensation structures. If your earnings involve bonuses, stock options, RSUs, or equity shares, it can be hard to see a clear way forward. With my MBA in finance and nearly 20 years of experience analyzing these situations, I can help you cut through the financial complexity to understand what income is actually available for support and what each spouse truly needs.

Post-Divorce Budget Reality: When One Household Becomes Two

Post-divorce budgeting for Washington spousal maintenance, planning realistic expenses as one household becomes two to support sustainable financial agreements. Contact Equitable Mediation at (877) 732-6682 for practical financial guidance.

Once we understand income, we turn to expenses. This is where couples struggle because they’re projecting expenses for a life they’re not yet living. During your marriage, you shared one household and its everyday expenses. Post-divorce, you’ll have two households with duplicated expenses.

We categorize expenses into fixed costs—such as housing, insurance, and car payments—and variable costs—such as groceries, utilities, and entertainment. But more importantly, we discuss how these change after divorce. What will your new housing cost? Can you afford to maintain the family home on your own? What about health insurance if you’ve been covered under your spouse’s plan?

One area that consistently surprises people is the actual cost of maintaining their lifestyle. During marriage, you may have spent around $1,200 monthly on groceries and dining. Post-divorce, each household might pay $800 monthly because there’s less efficiency.

I guide clients through creating two detailed post-divorce budgets accounting for all these changes. We’re not just looking at necessary expenses, but also costs reflecting the marital standard of living—gym memberships, kids’ activities, travel. What gets considered in Washington includes the standard of living established during marriage, so understanding what that actually costs is crucial.

Tax Implications in the Post-2019 Landscape

Washington spousal maintenance tax planning under post-2019 rules, focusing on after-tax cost to the payor and tax-free income for the recipient. Schedule a consultation at (877) 732-6682 with Equitable Mediation.

Here’s where my finance background becomes particularly valuable. Before 2019, maintenance was tax-deductible for the payor and taxable to the recipient. The Tax Cuts and Jobs Act changed everything. Maintenance paid under divorce agreements executed after December 31, 2018, is no longer deductible or taxable.

This fundamentally altered maintenance economics. If you’re the higher-earning spouse in the 32% federal tax bracket, every maintenance dollar you pay costs a whole dollar of after-tax income. Previously, it would have cost about 68 cents. For the recipient spouse in the 12% bracket, you’re receiving that dollar tax-free instead of netting 88 cents after taxes.

I help couples understand these implications when structuring agreements. Sometimes we adjust the maintenance amount based on the tax treatment. Other times, we explore alternative structures, such as a larger property division in place of ongoing maintenance, especially if the payor has substantial assets and both parties prefer a clean break.

We also consider how maintenance affects other tax aspects. How will filing status change? What about dependency exemptions? Will receiving maintenance affect eligibility for certain credits? These nuances matter when projecting your post-divorce financial picture.

Washington’s Community Property Factor

Washington’s community property system adds another layer. How maintenance gets determined happens after considering property division, not before. We need to understand not only income and expenses, but also the assets each spouse will receive.

Suppose the lower-earning spouse receives substantial liquid assets or income-producing property, which affects their maintenance needs if the higher-earning spouse takes on significant community debt, which in turn affects their ability to pay. I guide couples through a holistic analysis that considers property settlement and maintenance together.

Sometimes couples discover they’d prefer to structure their agreement differently. Perhaps one spouse would like a larger property settlement with reduced maintenance. Perhaps the other party would appreciate ongoing support alongside a smaller, immediate property division. These conversations only happen when you have complete financial clarity.

Modeling Different Scenarios in Mediation

Once we’ve gathered and analyzed financial information, we can have meaningful conversations grounded in reality. You’ll understand not just what “feels fair,” but what’s actually supportable given available resources.

I often create spreadsheets modeling different scenarios. What if maintenance is $2,000 per month for five years? What does each spouse’s budget look like? What if it’s $3,000 per month for three years? How do these structures affect each person’s financial stability? Can the paying spouse actually afford the proposed amount while meeting their own reasonable needs? Will the receiving spouse have sufficient resources to transition to self-sufficiency?

This level of analysis takes time and effort, but it’s worth it. I’ve seen couples reach agreements they both feel good about because they understand the numbers behind the decision. They’re agreeing because they’ve done the math, and the deal makes sense for their situation.

But we don’t just tackle the immediate challenges of determining maintenance. We help you anticipate how things might change down the road. What if the paying spouse loses their job or gets a significant promotion? What if the receiving spouse remarries or starts earning more? By planning for these potential changes now, we help you build flexibility into your agreement so you can move forward confidently, without constantly looking back or worrying about future disputes.

Essential Documentation to Gather

To conduct comprehensive financial analysis, gather at least two years of tax returns with all schedules, six months of pay stubs for both spouses, six months of bank and credit card statements, documentation of all debts, retirement and investment account statements, property appraisals or assessments, business valuations if applicable, detailed monthly expense documentation, and information about employer benefits including health insurance costs and retirement contributions.

Yes, it’s extensive. But in litigation, you’d provide all this anyway through formal discovery. In mediation, you share information voluntarily and collaboratively, which is faster, cheaper, and less adversarial.

Moving Forward with Clarity and Control

Having a mediator who can guide you through rigorous financial analysis transforms the negotiation process. Instead of taking positions based on fear or fighting over what might happen in court, you’re making decisions based on real data about income, expenses, assets, and tax implications.

In litigation, you’d be stuck with whatever amount a judge decides based on limited testimony and rigid guidelines. You’d have no control over creative solutions or future planning. In mediation, you design a maintenance structure that actually makes sense for your family’s specific circumstances.

As your mediator, I cannot provide legal advice about what might happen in your specific case. But I can help you understand your complete financial picture and guide you through creating an agreement that works for both spouses, given your circumstances. With nearly 20 years of experience and specialized training from Harvard, MIT, and Northwestern, I bring the financial expertise and negotiation skills that help couples navigate even the most complex maintenance situations.

The goal is reaching a maintenance agreement that allows both of you to maintain a reasonable standard of living, accounts for post-divorce financial realities, protects what you’ve built, and gives both parties confidence that the deal is fair and sustainable. That kind of agreement is only possible when you’ve done the hard work of gathering information, analyzing the numbers honestly, and choosing mediation over the uncertainty of litigation.

“You may have researched how alimony works in your state. But in my experience, regardless of whether a state offers guidance on how to resolve alimony, often, couples negotiate their own agreement tailored to their unique situation and circumstances.

So you have a lot of flexibility and can maintain a lot of control if you negotiate the terms of alimony out of court with the help of a skilled professional using an alternative dispute resolution process like divorce mediation or a collaborative divorce .

You and your soon-to-be ex-spouse will more likely come to an alimony arrangement that's acceptable to both of you."

Joe Dillon headshot

Joe Dillon | Divorce Mediator & Founder

FAQs About Spousal Maintenance in Washington State

Spousal maintenance is Washington State’s legal term for alimony or spousal support – financial payments one spouse makes to the other during or after divorce. While “alimony” and “spousal support” are common terms people use, Washington law specifically refers to these payments as “maintenance” under the Revised Code of Washington (RCW) 26.09.090. All three terms describe the same concept of financial assistance paid by one spouse to help the other maintain a reasonable standard of living following divorce.

The purpose of maintenance in Washington is to help equalize the parties’ standard of living for an appropriate period of time, recognizing that marriage is an economic partnership where one spouse may have sacrificed career opportunities, earning potential, or educational advancement to support the family or the other spouse’s career. Unlike child support which focuses on children’s needs, maintenance addresses the financial disparity between spouses and aims to provide the lower-earning spouse with support during the transition to financial independence.

Washington is a no-fault divorce state, meaning courts cannot consider marital misconduct such as infidelity or fault when determining whether to award maintenance. Instead, the court focuses entirely on financial factors and circumstances. Maintenance is not automatic in Washington divorces – the court must evaluate all relevant factors outlined in the statute before determining whether maintenance is appropriate, and if so, the amount and duration.

An important 2024 Washington Supreme Court decision clarified that while courts must consider a requesting spouse’s financial need among other factors, demonstrating need is not a prerequisite to receiving a maintenance award, giving courts broad discretion based on all circumstances of the case.

No, Washington State does not have a statutory formula or calculator to determine spousal maintenance amounts like some other states do. Instead, Washington law grants judges broad discretion to award maintenance in amounts and for periods they deem just after considering all relevant factors outlined in RCW 26.09.090. This lack of a rigid formula means maintenance awards are determined on a case-by-case basis according to each couple’s unique circumstances, making outcomes less predictable than in states with mathematical formulas.

However, family law practitioners and courts do follow general guidelines and norms based on the length of the marriage. For marriages of 5 years or less (short-term marriages), courts typically try to restore each spouse to the financial position they were in before marriage, often awarding minimal maintenance or only enough to help the lower-earning spouse meet basic needs for a few months while getting back on their feet financially.

For marriages of 25 years or longer (long-term marriages), the goal shifts to equalizing both spouses’ financial positions for the remainder of their lives, recognizing them as equal economic partners. This often results in substantial maintenance awards that last until retirement age or indefinitely.

For marriages between 5 and 25 years (mid-range marriages), there’s the greatest variability and unpredictability in awards. As a rough guideline, courts often award approximately one year of maintenance for every three to four years of marriage, though this is not a legal requirement and individual circumstances heavily influence actual awards. Another common guideline practitioners reference is that maintenance duration often equals about 25% of the marriage’s length, though again this is merely a general observation rather than a binding rule.

The amount of maintenance depends on numerous factors including the income disparity between spouses, the standard of living during marriage, each spouse’s financial resources and needs, ability to pay, age, health, and many other considerations. Because Washington lacks a formula, working with an experienced divorce attorney becomes especially important to understand the range of reasonable outcomes based on your specific circumstances and the practices of judges in your jurisdiction.

Washington State courts must consider six statutory factors outlined in RCW 26.09.090 when determining whether to award maintenance and, if so, how much and for how long. These factors are not ranked in order of importance, and courts have discretion to weigh them according to each case’s particular circumstances.

The first factor is the financial resources of the spouse seeking maintenance, including separate or community property awarded in the divorce and their ability to meet their needs independently. This includes considering whether property division provides sufficient income-producing assets to support the requesting spouse. The court also considers whether the requesting spouse receives child support that includes a sum for them as custodian.

The second factor is the time necessary for the spouse seeking maintenance to acquire sufficient education or training to enable them to find employment appropriate to their skills, interests, style of life, and other attendant circumstances. This recognizes that some spouses may need time to update skills, complete degrees, or obtain training to re-enter the workforce after years focusing on family responsibilities.

The third factor is the standard of living established during the marriage. Courts aim to help both spouses maintain a lifestyle reasonably comparable to what they enjoyed during the marriage, though this doesn’t mean guaranteeing identical standards of living for both parties.

The fourth factor is the duration of the marriage or domestic partnership. Longer marriages generally result in longer maintenance awards because the economic interdependence deepens over time and it becomes less realistic to expect complete financial independence.

The fifth factor encompasses the age, physical and emotional condition, and financial obligations of the spouse seeking maintenance. Older spouses or those with health issues limiting their earning capacity may receive longer or more substantial awards.

The sixth factor is the ability of the spouse from whom maintenance is sought to meet their own needs and financial obligations while meeting those of the spouse seeking maintenance. The court must ensure the paying spouse retains sufficient income to support themselves.

Importantly, Washington courts may also consider other relevant factors beyond these six statutory ones, including contributions to the other spouse’s education or career, sacrifices made during the marriage, and any other circumstances the court finds just and equitable. What courts cannot consider is marital misconduct – Washington’s no-fault divorce law prohibits considering which spouse wanted the divorce or behavior like infidelity when making maintenance decisions.

The duration of spousal maintenance in Washington State varies significantly based primarily on the length of the marriage, though no statute dictates specific timeframes. Courts categorize marriages into three general groups with different duration expectations.

For short-term marriages lasting 5 years or less, maintenance rarely extends beyond the entry of the divorce decree. When awarded at all, it typically lasts only a few months – just long enough to help the lower-earning spouse transition back to financial independence and return to their pre-marriage economic position. Courts view these marriages as brief partnerships where complete economic entanglement hasn’t fully developed.

For long-term marriages of 25 years or more, maintenance often continues for many years or even indefinitely until retirement age, the recipient’s remarriage, or either party’s death. In these marriages, courts recognize the spouses as equal economic partners where one may have sacrificed decades of career development to support the family, making complete financial independence unrealistic or impossible. The goal becomes equalizing both spouses’ financial positions for the remainder of their lives.

For mid-range marriages between 5 and 25 years, duration varies most widely and depends heavily on individual circumstances and judicial discretion. The commonly cited guideline suggests courts award approximately one year of maintenance for every three to four years of marriage. For example, a 12-year marriage might result in maintenance lasting 3 to 4 years. Another rough estimate is that maintenance lasts about 25% of the marriage’s length, so a 16-year marriage might result in 4 years of maintenance. However, these are merely general observations, not legal requirements, and actual awards can vary significantly.

Courts consider whether the requesting spouse can reasonably become self-supporting within a specific timeframe through education, training, or workforce re-entry. Maintenance intended to support a spouse while they gain skills for self-sufficiency is sometimes called rehabilitative maintenance.

Washington does not favor permanent or lifetime maintenance awards, but they may be appropriate when the recipient spouse is elderly, disabled, never worked outside the home during a very long marriage, has minimal marital assets, or faces other circumstances making self-support unrealistic. The maintenance order will specify whether it’s for a fixed term with a specific end date or indefinite, subject to modification based on substantial changes in circumstances.

No, demonstrating financial need is not a prerequisite to receiving spousal maintenance in Washington State, according to a landmark 2024 Washington Supreme Court decision in In re Marriage of Wilcox. This ruling clarified decades of confusion and corrected the widespread belief among attorneys and judges that maintenance required proving need.

Prior to the enactment of RCW 26.09.090, Washington law did require spouses to demonstrate financial need to receive alimony. However, when the legislature enacted the current maintenance statute with its six-factor framework, it changed this requirement. The Washington Supreme Court held that while trial courts must consider the requesting spouse’s need for support as one factor among others listed in RCW 26.09.090, establishing need is not a threshold requirement before awarding maintenance.

The statute’s plain language requires courts to consider all relevant factors, with financial need being just one consideration rather than a mandatory prerequisite. This means a spouse might receive maintenance even if they could technically meet their basic needs independently, particularly when other statutory factors weigh heavily in favor of an award.

For example, after a long marriage where one spouse sacrificed career advancement to support the family while the other spouse developed high earning potential, maintenance might be appropriate to equalize the parties’ standards of living even if the requesting spouse isn’t destitute. The court might award maintenance to recognize contributions to the other spouse’s career, to account for the standard of living established during a long marriage, or to address the reality that an older spouse cannot realistically build a career to match their former partner’s income.

The Wilcox decision reinforces that Washington’s maintenance law is intentionally flexible, granting trial courts broad discretion to fashion awards that are “just” based on the totality of circumstances rather than rigid rules about need. That said, financial need remains highly relevant and continues to be one of the primary considerations courts evaluate. The requesting spouse’s financial resources and ability to meet their needs independently, and the other spouse’s ability to pay while meeting their own obligations, are still central to most maintenance determinations. But need is now properly understood as one important factor among several, not an absolute requirement.

Washington State recognizes several types of spousal maintenance, each serving different purposes and timeframes, though they’re not formally categorized by statute. The most common is temporary maintenance, which provides financial support during the divorce process itself from the time spouses separate until the divorce is finalized. Because Washington divorces can take many months or even over a year to complete, temporary maintenance helps the lower-earning spouse meet living expenses while the case is pending. This type automatically ends when the divorce decree is entered.

Fixed-term or durational maintenance is awarded for a specific period after divorce with a definite end date stated in the decree. This is the most common type of post-divorce maintenance, used when the court determines the recipient spouse needs support for a set time period – perhaps while completing education, gaining work experience, or transitioning to financial independence. Once the specified term expires, the obligation ends unless the parties agreed otherwise or the court specifically made it subject to review.

Rehabilitative maintenance is a subset of fixed-term maintenance specifically intended to support a spouse while they acquire the education, training, or work experience necessary to become self-supporting. This recognizes that some spouses sacrificed career development during the marriage and need time and resources to re-enter the workforce at an appropriate level. The goal is enabling self-sufficiency, not long-term dependence.

Indefinite maintenance has no predetermined end date and continues until modified by the court based on substantial change in circumstances, the recipient’s remarriage, registration of a new domestic partnership, or either party’s death. While Washington does not favor permanent or lifetime maintenance, indefinite awards may be appropriate in long marriages where one spouse cannot realistically become self-supporting due to age, disability, lack of work history, or other factors. Indefinite doesn’t mean unmodifiable – either party can petition for modification if circumstances substantially change.

Parties can also negotiate lump-sum maintenance where the entire obligation is paid upfront in a single payment rather than monthly installments over time. This allows both spouses to achieve a clean financial break and eliminates ongoing payment obligations and potential future disputes. Lump-sum maintenance can be paid in cash or through unequal property division, such as one spouse keeping more marital assets in lieu of receiving monthly payments.

Spousal maintenance in Washington State automatically terminates under specific circumstances outlined in RCW 26.09.170 unless the divorce decree or a written agreement between the parties expressly provides otherwise. The obligation to pay future maintenance automatically ends upon the death of either the paying spouse or the receiving spouse. This creates potential financial risk for recipients expecting long-term payments if the payor dies early in the maintenance term, which is why divorce decrees sometimes include provisions requiring the paying spouse to maintain life insurance with the recipient as beneficiary to secure the maintenance obligation.

Maintenance also automatically terminates upon the remarriage of the spouse receiving maintenance or their registration of a new domestic partnership. This termination is immediate and automatic – the paying spouse doesn’t need to petition the court or prove anything; the obligation simply ends when the recipient enters a new legal marriage or domestic partnership. This makes sense because remarriage creates a new economic partnership and support obligation from the new spouse, eliminating the former spouse’s duty to provide support.

It’s worth noting that parties can agree in writing that maintenance will continue despite remarriage if they choose, but this must be clearly stated in the divorce decree or separation agreement – it won’t be implied.

A critical distinction is that cohabitation (living with a new partner outside of marriage) does NOT automatically terminate maintenance in Washington State. Many people incorrectly assume that if their ex-spouse moves in with a romantic partner, maintenance payments should stop, but Washington law doesn’t work that way. Cohabitation might provide grounds to modify or reduce maintenance if the paying spouse can prove the new living arrangement constitutes a substantial change in circumstances that reduced the recipient’s financial need, but automatic termination doesn’t occur.

The paying spouse must petition the court for modification and demonstrate that the cohabitation created meaningful economic support that reduced the recipient’s need for maintenance. This requires evidence showing the relationship functions like a marriage economically, such as sharing living expenses, financial resources, and household costs. Simply living together isn’t sufficient – there must be actual economic benefit reducing the need for support.

When fixed-term maintenance has a specific end date in the decree, the obligation also terminates on that date, though this is contractual termination based on the court’s order rather than automatic statutory termination. If the decree provides for indefinite maintenance, it continues until one of the automatic termination events occurs or the court modifies it based on substantial change in circumstances.

Yes, spousal maintenance can be modified after divorce in Washington State, but only upon a showing of substantial change in circumstances according to RCW 26.09.170. This is a significant legal threshold that prevents constant relitigation over minor fluctuations in either party’s situation. A substantial change means a significant alteration in either the recipient’s need for support or the paying spouse’s ability to pay support that wasn’t anticipated when the original maintenance order was entered. The change must be involuntary, material, and ongoing rather than temporary.

Examples of changes that might constitute substantial change include involuntary job loss or significant income reduction for the paying spouse, such as being laid off, having hours reduced through no fault of their own, or experiencing a business downturn. However, voluntarily quitting a job, reducing work hours by choice, or deliberately decreasing income to avoid maintenance obligations will not support modification.

Serious medical conditions or disabilities that impair either party’s earning capacity can justify modification, particularly if they’re unexpected and permanent. The recipient spouse securing employment with income sufficient for self-support might warrant reducing or terminating maintenance, especially if the original award contemplated a period for gaining skills or education to achieve independence. Conversely, if the recipient develops health problems preventing anticipated workforce re-entry, extending or increasing maintenance might be appropriate.

Retirement can constitute a substantial change justifying modification, but courts scrutinize whether the retirement is genuine or an attempt to evade obligations, considering factors like the retiring spouse’s age, health, whether retirement was anticipated when maintenance was ordered, whether it’s at normal retirement age, and whether the retiring spouse has sufficient assets to continue meeting obligations.

Cohabitation where the recipient enters a committed relationship providing economic support might justify reduction or termination if it meaningfully reduces their financial need, though proving this requires evidence of actual financial benefit, not just living together. The payor’s remarriage typically doesn’t automatically affect maintenance obligations, though if it creates new financial obligations that substantially impact their ability to pay, it might be considered along with other factors.

To seek modification, the party requesting the change must file a petition with the same court that issued the original divorce decree, present evidence of the substantial change, and prove that modification is warranted. It’s important to note that modifications only apply to future payments, not past-due amounts – you cannot modify maintenance retroactively for periods before filing the petition.

Yes, Washington State strongly encourages spouses to negotiate and agree upon their own spousal maintenance terms rather than having a judge decide for them, and parties have broad freedom to structure maintenance agreements that differ from what a court might order. Couples can agree to waive maintenance entirely, with neither spouse paying support to the other, or agree to amounts, durations, and terms completely different from typical court awards.

These negotiated agreements offer significant advantages including certainty and control over the outcome rather than risking an unpredictable judicial decision, flexibility to create customized solutions addressing the family’s unique needs, reduced conflict and legal expenses compared to contested litigation, and ability to address tax implications and financial planning considerations strategically.

Parties might structure creative maintenance arrangements unavailable through court orders, such as declining or escalating payment schedules based on anticipated life changes, for example reducing payments when the recipient completes education or increasing them if the payor’s income grows. Agreements might include lump-sum maintenance paid entirely upfront allowing a clean financial break, or offset maintenance against property division with one spouse keeping more assets in exchange for waiving maintenance rights.

Some couples build in cost-of-living adjustments to maintain purchasing power over time, or include provisions tying maintenance to specific triggering events like when children reach certain ages, the recipient secures employment at a specified income level, or other milestones occur. Parties can agree that maintenance continues even after remarriage or registration of a new domestic partnership, overriding the statutory automatic termination rule, though this must be clearly spelled out in writing.

Critically, parties can agree to make maintenance non-modifiable, meaning neither party can later petition the court to change the amount or duration regardless of changed circumstances. Non-modifiable maintenance provides finality and certainty but eliminates flexibility if life takes unexpected turns.

To create a binding maintenance agreement, the terms must be set forth in a written settlement agreement or separation contract signed by both parties, be incorporated into the divorce decree, and demonstrate both parties entered into the agreement voluntarily with full disclosure of financial information and opportunity to consult legal counsel. Courts generally approve agreed-upon maintenance terms as long as they’re not unconscionable or fundamentally unfair, both parties understand what they’re agreeing to, and there’s no evidence of fraud, duress, or overreaching.

The length of marriage is one of the most influential factors affecting spousal maintenance in Washington State, though it’s just one of six statutory factors courts must consider under RCW 26.09.090. While marriage duration doesn’t automatically determine whether maintenance will be awarded or guarantee specific amounts or durations, it plays an outsized role in practice and significantly influences both the likelihood of receiving maintenance and how long it lasts.

Washington courts and family law practitioners typically categorize marriages into three duration groups with different maintenance approaches. Short-term marriages lasting 5 years or less (some practitioners use 3 years as the cutoff) receive the most restrictive maintenance treatment. Courts typically aim to restore each spouse to the financial position they were in prior to marriage, essentially treating the divorce like rescission of a contract. Even when one spouse clearly needs support and the other has ability to pay, if both are healthy and capable of working, courts are unlikely to award maintenance beyond the divorce decree or at most a brief transitional period of a few months.

Long-term marriages of 25 years or more receive the most generous maintenance treatment. Courts recognize spouses in these marriages as equal economic partners who built their lives together over decades. The goal shifts from achieving independence to equalizing both spouses’ financial positions for the remainder of their lives. It’s common for property to be divided equally and incomes to be equalized through substantial maintenance awards lasting until retirement age or indefinitely.

Mid-range marriages between 5 and 25 years create the greatest unpredictability and variability in maintenance awards. Because there’s so much room for judicial discretion in these cases, outcomes can differ substantially between judges and jurisdictions. This is where the rough guideline of awarding one year of maintenance for every three to four years of marriage most commonly applies, though remember this is merely a general observation, not a binding rule. A 12-year marriage might result in 3-4 years of maintenance, while a 20-year marriage might result in 5-7 years. Another way to conceptualize it is maintenance lasting approximately 25% of the marriage length.

While marriage length heavily influences maintenance decisions, courts still consider all other statutory factors including financial resources, standard of living, age, health, education and training needs, and ability to pay. A short marriage might still result in significant maintenance if extraordinary circumstances exist, while a long marriage might result in minimal maintenance if both spouses have substantial separate resources and earning capacity.

Lay the groundwork for a peaceful divorce

About the Authors – Divorce Mediators You Can Trust

Equitable Mediation Services is a trusted and nationally recognized provider of divorce mediation, serving couples exclusively in California, New Jersey, Washington, New York, Illinois, and Pennsylvania. Founded in 2008, this husband-and-wife team has successfully guided more than 1,000 couples through the complex divorce process, helping them reach amicable, fair, and thorough agreements that balance each of their interests and prioritizes their children’s well-being. All without involving attorneys if they so choose.

At the heart of Equitable Mediation are Joe Dillon, MBA, and Cheryl Dillon, CPC—two compassionate, experienced professionals committed to helping couples resolve divorce’s financial, emotional, and practical issues peacefully and with dignity.

Photo of mediator Joe Dillon at the center of the Equitable Mediation team, all smiling and poised around a conference table ready to assist. Looking for expert, compassionate divorce support? Call Equitable Mediation at (877) 732-6682 to connect with our dedicated team today.

Joe Dillon, MBA – Divorce Mediator & Negotiation Expert

As a seasoned Divorce Mediator with an MBA in Finance, Joe Dillon specializes in helping clients navigate complex parental and financial issues, including:

  • Physical and legal custody
  • Spousal support (alimony) and child support
  • Equitable distribution and community property division
  • Business ownership
  • Retirement accounts, stock options, and RSUs

Joe’s unique blend of financial acumen, mediation expertise, and personal insight enables him to skillfully guide couples through complex divorce negotiations, reaching fair agreements that safeguard the family’s emotional and financial well-being.

He brings clarity and structure to even the most challenging negotiations, ensuring both parties feel heard, supported, and in control of their outcome. This approach has earned him a reputation as one of the most trusted names in alternative dispute resolution.

Photo of Cheryl Dillon standing with the Equitable Mediation team in a bright conference room, all smiling and ready to guide clients through an amicable divorce process. For compassionate, expert support from Cheryl Dillon and our team, call Equitable Mediation at (877) 732-6682 today.

Cheryl Dillon, CPC – Certified Divorce Coach & Life Transitions Expert

Cheryl Dillon is a Certified Professional Coach (CPC) and the Divorce Coach at Equitable Mediation. She earned a bachelor’s degree in psychology and completed formal training at The Institute for Professional Excellence in Coaching (iPEC) – an internationally recognized leader in the field of coaching education.

Her unique blend of emotional intelligence, coaching expertise, and personal insight enables her to guide individuals through divorce’s emotional complexities compassionately.

Cheryl’s approach fosters improved communication, reduced conflict, and better decision-making, equipping clients to manage divorce’s challenges effectively. Because emotions have a profound impact on shaping the divorce process, its outcomes, and future well-being of all involved.

What We Offer: Flat-Fee, Full-Service Divorce Mediation

Equitable Mediation provides:

  • Full-service divorce mediation with real financial expertise
  • Convenient, online sessions via Zoom
  • Unlimited sessions for one customized flat fee (no hourly billing surprises)
  • Child custody and parenting plan negotiation
  • Spousal support and asset division mediation
  • Divorce coaching and emotional support
  • Free and paid educational courses on the divorce process

Whether clients are facing financial complexities, looking to safeguard their children’s futures, or trying to protect everything they’ve worked hard to build, Equitable Mediation has the expertise to guide them towards the outcomes that matter most to them and their families.

Why Couples Choose Equitable Mediation

  • 98% case resolution rate
  • Trusted by over 1,000 families since 2008
  • Subject-matter experts in the states in which they practice
  • Known for confidential, respectful, and cost-effective processes
  • Recommendations by therapists, financial planners, and former clients

Equitable Mediation Services operates in:

  • California: San Francisco, San Diego, Los Angeles
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Schedule a Free Info Call to learn if you’re a good candidate for divorce mediation with Joe and Cheryl.

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  • temporary vs long term spousal maintenance in washington key differences explained equitable mediation

    What’s the Difference Between Temporary Maintenance During Divorce and Long-Term Spousal Maintenance in Washington?

    Alimony is the most difficult issue to resolve in divorce for many reasons. Learn what alimony is and how it works, so you can secure your financial future

  • Comprehensive Washington divorce planning that integrates community property division with spousal maintenance analysis, helping couples evaluate assets, debts, and income together for balanced long-term outcomes. Call (877) 732-6682 to speak with Equitable Mediation about creating a fair and strategic settlement.

    How Does Community Property Division Affect Spousal Maintenance in Washington, and Should I Negotiate Them Together or Separately?

    Alimony is the most difficult issue to resolve in divorce for many reasons. Learn what alimony is and how it works, so you can secure your financial future