One of the first questions I hear from clients is: “Will I have to pay spousal maintenance?” The answer depends on many factors, and the length of marriage is one of the biggest. Understanding how Washington approaches maintenance in short versus long-term marriages can help you negotiate with clarity rather than anxiety.

Understanding Spousal Maintenance in Washington State

Washington uses the term “spousal maintenance” rather than “alimony.” As a community property state, Washington typically divides marital assets and income equally during divorce. But even after property division, one spouse may still need financial support to maintain a reasonable standard of living or become self-sufficient.

Factors that come into play in Washington include each spouse’s financial resources after property division, the time needed for education or training, the standard of living during marriage, the duration of the marriage, and each spouse’s age and financial obligations. This framework guides both decision-making and mediation discussions.

Two Phases of Spousal Maintenance: Understanding the Timeline

Overview of the two phases of spousal maintenance in Washington, including maintenance pendente lite and post-divorce planning for long-term stability; Schedule a consultation with Equitable Mediation at (877) 732-6682.

Spousal maintenance in Washington has two distinct phases. Understanding both is essential for effective negotiations.

Maintenance Pendente Lite: Support During the Divorce Process

Temporary maintenance, or “maintenance pendente lite,” provides financial support while your divorce is in process. Divorce takes time, and bills don’t stop because you’ve separated. If one spouse is the primary breadwinner, temporary maintenance helps the other cover basic living expenses during those months.

From a financial planning perspective, this requires a clear picture of monthly cash flow. I work with clients to create detailed budgets that show actual transition expenses—rent or mortgage, utilities, food, transportation, insurance, and child-related costs not covered by child support. These are realistic assessments of maintaining two households instead of one.

The strategic key is that temporary maintenance ends when your divorce is finalized. In mediation, couples can negotiate arrangements that make sense for their situation without handing that decision to a judge who doesn’t know them.

Post-Decree Maintenance: Long-Term Financial Support

Post-decree maintenance begins after your divorce is final and can last months, years, or indefinitely. This is where the length of marriage becomes critical. Duration is considered one of the most essential factors in determining whether maintenance should be awarded, for how long, and in what amount. The longer you’re married, the more your financial lives intertwine, and the more time the lower-earning spouse may need to achieve economic independence.

How Marriage Length Shapes Maintenance Expectations

Understanding how marriage length affects spousal maintenance expectations in Washington, including short-term marriage rehabilitation planning and financial independence strategies; Call (877) 732-6682 to speak with Equitable Mediation.

Short-Term Marriages: Building Toward Independence

Marriages of less than 5 years are generally considered short-term. The focus shifts from maintaining a marital standard of living to helping the lower-earning spouse become self-sufficient.

Consider a three-year marriage in which one spouse earns $90,000 while the other completes graduate school, earning $30,000 part-time. Maintenance might bridge the gap while the lower-earning spouse finishes their degree and establishes their career—perhaps months or a couple of years, not decades.

From a negotiation standpoint, discussions should focus on clear pathways to self-sufficiency. What education is needed? How long will it take? What’s the expected earning potential? In mediation, couples with short marriages often structure creative transitions—perhaps decreasing payments as income increases, or a lump sum for a clean break and financial certainty.

We don’t require you to figure out these pathways on your own. I actively guide you through the analysis, bringing options to the table and helping you explore what’s realistic given your education, work history, and local job market. This kind of personalized approach—rather than forcing you into generic formulas—helps you design solutions tailored to your actual circumstances.

Long-Term Marriages: Recognizing Economic Partnership

Twenty-plus-year marriages represent decades of economic partnership in which spouses made joint career, educational, and family decisions. One spouse may have sacrificed career advancement to support the other’s career or raise children. These decisions created the marital standard of living that both spouses reasonably expect to maintain after divorce.

Consider a thirty-year marriage: one spouse earns $200,000 as a software engineer while the other stayed home for fifteen years raising children, now earning $40,000 part-time. The income disparity reflects joint decisions made during marriage, not poor planning.

Maintenance might be indefinite—continuing until the recipient remarries, either spouse dies, or circumstances change substantially. The lower-earning spouse may never achieve comparable earning capacity, and that’s a result of decisions made within the marital partnership.

Financial analysis here becomes more sophisticated, including retirement planning, Social Security implications, healthcare costs, and long-term living expenses. With my MBA in finance and nearly 20 years of experience, I help couples project their financial pictures decades into the future. We model different maintenance scenarios to see how each spouse’s financial security looks in 5 years, 10 years, and in retirement. This comprehensive analysis helps you make informed decisions rather than emotional ones driven by fear or anger.

In mediation, discussions balance fairness with reality—the higher earner needs a reasonable lifestyle and retirement savings, while the lower earner needs financial security. But we don’t just tackle the immediate challenges. We help you anticipate how circumstances might change down the road. What if the paying spouse wants to retire early? What if the receiving spouse’s health changes? By planning for these possibilities now and building appropriate flexibility into your agreement, you can move forward confidently without constantly looking back.

Mid-Length Marriages: The Gray Area

Marriages of five to twenty years require the most careful analysis. A ten-year marriage in which both worked full-time differs vastly from one in which a spouse stayed home with children. Key factors include how career decisions affected earning capacity, ages, realistic earning potential, and health and employment stability.

Maintenance might last a specific duration—perhaps half the length of the marriage, or until a milestone like when the youngest child starts school. The goal is to provide support while encouraging the lower-earning spouse to increase self-sufficiency over time.

Financial Considerations Beyond Marriage Length

Evaluating spousal maintenance needs in Washington based on community property division, asset distribution, liquidity, and overall financial resources during mediation; Contact Equitable Mediation at (877) 732-6682 for financial guidance.

While the length of marriage matters, sophisticated negotiations consider other financial factors that significantly affect the amount and duration of support.
Community versus separate property is crucial. Washington’s community property division happens before maintenance gets determined. If one spouse receives substantial assets—such as a valuable home or retirement accounts—those resources are factored into the evaluation of needs. Someone receiving $500,000 in property has different needs than someone receiving $50,000, regardless of identical incomes.

Tax implications changed after 2019. For divorces finalized after December 31, 2018, maintenance is no longer tax-deductible for the paying spouse or taxable for the receiving spouse. This significantly affects calculations—the paying spouse needs more gross income to provide the same net benefit. Understanding this helps couples structure creative solutions that maximize after-tax value for both parties. This is where having a mediator with deep financial expertise makes an enormous difference in designing tax-efficient arrangements.

The marital standard of living also weighs heavily. What gets considered in Washington includes the lifestyle couples establish together. A couple living modestly on a combined income of $120,000 faces different calculations than one with a $400,000-per-year lifestyle. The longer the marriage, the more this factor matters.

Strategic Approaches in Mediation

Successful maintenance negotiations happen when couples approach conversations in good faith and focus on the big picture rather than fighting over every dollar.

Start with full financial disclosure. Both spouses must share complete information—income, assets, debts, expenses, and future earning potential. When people hide assets or underreport income, trust evaporates and negotiations fail. Open disclosure creates an environment where fair solutions become possible.

Think about maintenance as part of your overall financial settlement, not in isolation. Sometimes paying more in maintenance but receiving more retirement assets makes sense. Other times, shorter duration with higher monthly amounts works better. Look at your entire post-divorce financial picture and ask whether the settlement allows both of you to move forward with reasonable financial security.

Creating financial projections for different scenarios proves particularly effective. Compare $2,000 per month for five years versus $1,500 per month for seven years. What if payments decrease over time as income increases? Seeing numbers clearly helps couples find common ground.

Consider the value of certainty. Indefinite maintenance feels unsettling—payers wonder if it’s forever, recipients worry about termination. In mediation, you can set specific durations even in long marriages, giving both parties clarity. You’re trading some flexibility for peace of mind.

The Mediation Advantage Across All Marriage Lengths

Whether your marriage was short or long, mediation offers distinct advantages over litigation for maintenance negotiations. In court, you’re stuck with rigid categories and judicial guidelines. Your three-year marriage gets treated just like every other three-year marriage, regardless of your unique circumstances. Your twenty-five-year marriage gets processed through the same template as the last one the judge handled.

In mediation, we develop personalized solutions that reflect your actual situation. Short marriage where one spouse supported the other through medical school? We can structure maintenance that acknowledges that investment. Long marriage with complex assets and retirement considerations? We can integrate property division with maintenance to create a comprehensive financial plan that protects what you’ve built.

Every couple’s situation is unique, and that’s why we don’t believe in one-size-fits-all processes. Instead, we develop a personalized mediation plan to address your specific needs and circumstances. With my training from Harvard, MIT, and Northwestern, combined with my MBA in finance, I bring both the negotiation skills and financial expertise to help you navigate even the most complex maintenance discussions—whether you’re dealing with business income, stock compensation, or sophisticated retirement planning.

In litigation, these negotiations become adversarial battles in which attorneys argue for the most extreme positions, and judges split the difference. You spend tens of thousands in legal fees, lose control over the outcome, and often end up with maintenance arrangements that don’t reflect the economic reality of your situation.

In mediation, we work through the analysis collaboratively. I actively guide you through the necessary considerations—you don’t need to come in with all the answers or fight for every position. We explore creative structures such as step-down maintenance, milestone-based arrangements, or lump-sum buyouts that would be nearly impossible to achieve through the rigid litigation process.

Moving Forward with Clarity and Control

Whether your marriage lasted three years or thirty, understanding how Washington approaches spousal maintenance provides a foundation for productive conversations about your financial future. Marriage length matters, but it’s just one factor in a complex equation that includes your unique circumstances, resources, and priorities.

The couples who reach the best maintenance agreements are those who approach these conversations with honesty, a willingness to explore fair solutions, and the guidance of an experienced mediator who understands both the financial complexities and the negotiation strategies that lead to sustainable agreements.

I’m not an attorney and can’t provide legal advice about what might happen in your specific case. But I can offer comprehensive financial analysis of different maintenance options, guidance on productive conversations that move past emotional reactions, and facilitation of negotiations that lead to workable agreements both spouses can live with.

In mediation, you can create agreements that work for your specific situation rather than accepting rigid court formulas. You maintain control over decisions about your financial future, you design solutions that reflect your actual earning potential and expenses, and you preserve meaningful relationships—particularly crucial if you’re co-parenting.

Your divorce is a transition, not just an ending. Maintenance decisions affect your financial security for years to come. Choosing mediation with the right expertise—someone who can handle sophisticated financial analysis, guide you through complex negotiations, and help you design solutions that account for future changes—is an investment in your future that pays dividends long after your divorce is final.

“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.

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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.

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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.

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  • 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
  • New Jersey: Bridgewater, Morristown, Short Hills
  • Washington: Seattle, Bellevue, Kirkland
  • New York: NYC, Long Island
  • Illinois: Chicago, North Shore
  • Pennsylvania: Philadelphia, Bucks County, Montgomery County, Pittsburgh, Allegheny County

Schedule a Free Info Call to learn if you’re a good candidate for divorce mediation with Joe and Cheryl.

Related Resources

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

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  • Washington spousal maintenance financial planning that evaluates income sources, after-tax cash flow, and realistic post-divorce budgets to determine fair support amounts. Call (877) 732-6682 to speak with Equitable Mediation.

    Understanding Spousal Maintenance Amounts in Washington: The Complete Financial Picture

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