Modifying Spousal Maintenance (Alimony) in Washington – When Changes Are Possible

Spousal maintenance, often called alimony, is designed to provide financial support from one spouse to the other after a divorce or legal separation. In Washington, maintenance awards can be temporary or long-term, depending on factors such as the length of the marriage, the parties’ financial resources, and each spouse’s earning capacity. While these orders are binding, they are not always permanent. Under certain circumstances, spousal maintenance can be modified—but the law sets clear rules on when and how that can happen.

When Modification Is Allowed

Under RCW 26.09.170, either party may request a modification of spousal maintenance if there has been a substantial change in circumstances since the original order was entered. This change must be significant, ongoing, and not something that was contemplated at the time of the divorce. Common examples include:

  • Loss of employment or significant reduction in income.
  • Serious illness or disability affecting the ability to work.
  • A substantial increase in the paying spouse’s income.
  • Retirement that significantly impacts earning capacity.

When Modification Is Not Allowed

If the original divorce decree states that maintenance is non-modifiable, the court generally cannot make changes, even if circumstances change. Similarly, temporary maintenance orders—such as those issued during divorce proceedings—usually end when the final decree is entered and cannot be modified afterward.

The Process for Seeking Modification of Spousal Maintenance (Alimony)

To request a modification, the party seeking the change must file a motion in the same court that issued the original order. This motion must include evidence of the substantial change in circumstances, such as medical records, employment documentation, or financial statements. The other party will have an opportunity to respond, and the court will hold a hearing before making a decision.

Possible Outcomes

If the court finds that modification is warranted, it may increase, decrease, or terminate the maintenance obligation. The court may also make the change retroactive to the date the request was filed. However, if the requesting party cannot prove a substantial and continuing change, the court will deny the modification and the original order will remain in effect.

Spousal maintenance modification cases are often contested, as changes can have a major financial impact on both parties. An experienced family law attorney can help evaluate whether your situation qualifies for modification, gather the necessary evidence, and present a persuasive case to the court.

While spousal maintenance orders in Washington are intended to provide fairness and stability after divorce, they are not necessarily set in stone. If your financial circumstances have changed significantly—or if you are opposing a modification request—it’s important to understand your rights and the legal standards involved. The Law Office of Erin Bradley McAleer provides knowledgeable representation in spousal maintenance modification cases, helping clients protect their financial interests. Contact us today for a confidential consultation.