Calculate Maintenance Under Washington Revised Code RCW 26.09
Note: The calculator now incorporates the new 2026 Washington Child Support Economic Table for orders on or after January 1, 2026.
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LANDMARK DECISION: The Washington Supreme Court held that a spouse seeking maintenance does NOT need to prove financial "need" as a prerequisite. While courts must consider need along with other statutory factors, need is just one factor among equals. The court's paramount concern is the parties' economic conditions post-dissolution, and maintenance is a flexible tool to achieve economic fairness.
Established that maintenance should be based on need and ability to pay, with consideration of the standard of living during marriage.
Held that professional degrees and licenses are not property subject to division, but the economic advantage from such education may be considered in maintenance calculations.
Established that cohabitation alone does not automatically terminate maintenance; the payor must prove the cohabitation has changed the recipient's financial needs.
Confirmed that Washington is primarily a no-fault divorce state, and marital misconduct generally does not affect maintenance awards except in extreme cases of economic misconduct.
Affirmed modification of maintenance based on the payor's retirement at age 65, constituting a substantial change in circumstances.
Washington law allows for modification of maintenance under certain circumstances.
Yes, the Washington Supreme Court's 2024 decision in In re Marriage of Wilcox significantly changed the legal landscape. The core law (RCW 26.09.090) remains the same, but the Court clarified that a spouse does NOT need to prove financial "need" to receive maintenance. Need is just one factor among many, and courts have broader discretion to award maintenance to achieve economic fairness. Additionally, effective January 1, 2026, the Child Support Economic Table was expanded (EHB 1014) with an income cap up to $50,000/month, which can indirectly affect maintenance by altering payor's ability to pay.
Effective January 1, 2026, Washington's Child Support Economic Table has been substantially updated by Engrossed House Bill 1014. Key changes include: expanded income range up to $50,000 combined monthly net income (increased from $12,000), new minimum threshold starting at $2,200, and a self-support reserve at 180% of federal poverty level (~$2,348/month). Because child support is calculated before maintenance, higher child support reduces the payor's ability to pay maintenance, while lower child support may increase recipient's demonstrated need (though Wilcox reduces need's importance).
In August 2024, the Washington Supreme Court ruled in In re Marriage of Wilcox that a requesting spouse does not have to demonstrate a specific "need" as a prerequisite to a maintenance award. The trial court must consider need along with the other statutory factors in RCW 26.09.090, but need is just one factor among equals and is not given automatic priority. The court's "paramount concern is the parties' economic conditions post dissolution." Maintenance is a tool for achieving a fair economic outcome, not merely for providing bare necessities. This decision broadens judicial discretion significantly.
Washington uses statutory factors rather than a strict formula, but courts often use 30% of payor's gross minus 50% of recipient's gross as a starting point. The 2024 Wilcox decision emphasizes that need is not a prerequisite. Key factors: financial resources, time for education, standard of living during marriage, marriage duration, age/condition of parties, and ability to pay.
Under 5 years: typically no long-term maintenance. 5-25 years: maintenance often lasts 20-33% of marriage length. 25+ years: indefinite maintenance possible. Disabled spouse or career sacrifice may extend duration.
Yes: automatic termination upon recipient's remarriage; modification for substantial change in circumstances (RCW 26.09.170). Grounds include significant income change, payor's retirement (typically 65+), recipient's improved earning capacity, or disability.
Washington is a no-fault divorce state; fault generally does not affect maintenance. Extreme economic misconduct may be considered, but marital misconduct for divorce is rarely relevant.
For agreements after Dec 31, 2018, maintenance is not deductible for payor nor taxable to recipient under federal law. Washington has no state income tax.
Payor may petition to modify/terminate at retirement age (65+). Court considers whether retirement is reasonable, recipient's needs, and health of both parties.
Urban counties (King, Snohomish) typically award higher maintenance to reflect higher cost of living; rural counties lower amounts. County selection in the calculator applies a cost-of-living factor.