Spousal Support
Spousal support, what Washington calls maintenance, is one of the least predictable parts of a divorce, because there's no formula for it. Whether you'll pay it or receive it, and how much and for how long, comes down to a list of factors and a judge's discretion. We help clients on both sides of that question build the financial case that actually moves the number.
Talk to an attorneyFounded
1965
Attorneys
11
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Founded
1965
Attorneys
2
AV-rated
Martindale-Hubbell
Office
Bellevue, WA
Spousal maintenance attorneys for Bellevue and Seattle families
Unlike child support, maintenance in Washington has no calculator. A court weighs a set of statutory factors and lands on an amount and a duration that fit the marriage. That makes maintenance one of the most negotiable, and most contested, issues in a divorce. We represent both the spouse who needs support and the one being asked to pay it, and either way the work is the same: assemble a clear, honest financial picture and argue it well. We also make sure the tax treatment and the enforcement mechanics are handled, because both change what the number is really worth.
Maintenance turns on the financial facts and how well they're presented. We assess whether maintenance is in play and roughly how much; we sort out the type and likely duration; we get the tax treatment right; we handle modification and termination when circumstances change; and we make sure an award actually gets paid.
How Washington decides maintenance
There's no formula, which surprises people who expect a child-support-style calculation. Under RCW 26.09.090, a court weighs the financial resources of the spouse asking for support, the time they need to gain education or training, the standard of living during the marriage, how long the marriage lasted, the age and health of the spouse seeking support, and the other spouse's ability to pay. The shorthand is need on one side and ability to pay on the other. We build the financial case that shows where you actually fall.
Types and duration of support
Maintenance comes in a few forms. Temporary maintenance covers the gap while the divorce is pending. Rehabilitative or short-term maintenance gives a spouse time to retrain and become self-supporting. Long-term maintenance is reserved mostly for long marriages or a spouse who realistically can't become self-sufficient. Washington has no statute setting duration, though longer marriages tend to support longer awards. We give you a realistic read on type and length for your marriage, not a generic rule.
The tax picture
The tax rules changed, and it matters. For divorces finalized after December 31, 2018, the 2017 Tax Cuts and Jobs Act ended the old treatment: maintenance is no longer deductible by the spouse who pays it, and it's no longer taxable income to the spouse who receives it. That single change moves the real, after-tax cost of any support number, and it has to be built into the negotiation rather than discovered later. We run the after-tax math so nobody is surprised.
Changing or ending support
Maintenance is rarely the last word. Under RCW 26.09.170, an award can be modified when there's a substantial change in circumstances, like a job loss, a serious illness, or a big change in either person's income. Maintenance also generally ends automatically when the recipient remarries or either spouse dies, unless the decree says otherwise. We handle both sides: seeking a modification when life changes, and defending against one that isn't warranted.
Getting it paid
An order on paper doesn't pay the bills. When maintenance isn't paid voluntarily, we enforce it, through a wage assignment that takes the payment directly from a paycheck, and through the court's contempt power when someone simply refuses. We can also build in security, like a life insurance requirement, so a long-term award survives the person who owes it. The goal is support you can count on, not just an order you have to chase.
Sixty years representing Pacific Northwest families, often the same families whose businesses, trusts, and estates the firm already handles. When a divorce touches a company or a trust, you're not starting over with a stranger.
Continuity, not a hand-off.
Many family-law clients are already firm clients. The attorney handling your divorce may be the one who set up the business or the trust now in question, which means less time spent explaining and fewer surprises.
Settlement-minded, trial-ready.
We resolve most divorces without a trial, because it's better for the family and the budget. But when a case has to be tried, the firm's litigators are ready, and the other side knows it.
Straight about what's ahead.
Divorce is hard enough without a lawyer overselling. We give you a clear map of the next 6 to 12 months, tell you what a case is realistically worth fighting over, and what isn't.
The attorneys behindthe work.
Our business and corporate attorneys handle this work alongside our litigation team, so you have coverage whether your matter stays transactional or becomes something more.
What clientsask us first.
How is spousal support calculated in Washington?
It isn't, at least not by formula. Unlike child support, maintenance has no calculator. Under RCW 26.09.090 a court weighs factors like the length of the marriage, each spouse's finances and earning capacity, the standard of living, and the paying spouse's ability, then sets an amount in its discretion. Because it's discretionary, how well the financial case is presented matters a great deal.
How long does maintenance last?
It depends on the marriage. Temporary maintenance lasts only while the divorce is pending. Rehabilitative maintenance runs for a set period while a spouse retrains. Long-term maintenance is mostly for long marriages or a spouse who can't realistically become self-supporting. Washington sets no fixed duration, but as a rough guide, the longer the marriage, the longer support tends to last.
Is spousal support taxable?
Not for recent divorces. For any divorce finalized after December 31, 2018, the 2017 Tax Cuts and Jobs Act changed the rules: the paying spouse can no longer deduct maintenance, and the receiving spouse no longer reports it as income. Older orders may still follow the prior rules. The change affects the real cost of support, so we factor it into every negotiation.
Can maintenance be changed or stopped later?
Often, yes. Under RCW 26.09.170, maintenance can be modified when there's a substantial change in circumstances, such as a job loss or a major income change, unless the decree made it non-modifiable. It also usually ends when the recipient remarries or either spouse dies. If your situation has changed, or your ex's has, there may be grounds to revisit the order.
What if my ex won't pay court-ordered support?
There are real tools to make them. We can set up a wage assignment so maintenance comes straight out of their paycheck, and ask the court to hold a non-paying ex in contempt, which can carry penalties and attorney fees. For long-term awards, we can also require life insurance so the support isn't lost if the payer dies. Non-payment is a problem with answers.
Recentarticles.
Tell us whether you expect to pay or receive support, and what the finances look like. A family law attorney will follow up within one business day, and the first conversation is confidential.
Oseran Hahn P.S. · 11225 SE 6th St, Suite 100 · Bellevue, WA 98004
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