Washington maintenance is a separate statutory inquiry from property division and child-support income. Equity compensation may affect ability to pay or resources, but the statute does not supply an RSU-specific award formula.
CURRENT LAW
RCW 26.09.090 lists the needs, resources, earning ability, standard of living, duration of the marriage, and other factors relevant to maintenance. RCW 26.09.080 separately governs property and liabilities.
- RCW 26.09.090 — Maintenance orders; factorsWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
- RCW 26.09.080 — Disposition of property and liabilitiesWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
CASE LAW
Condie explains that contemporaneously ordered maintenance may be included in support income and net-income calculations on its facts. That does not create a universal RSU rule. E.J.S. concerns child-support income for vested and delivered RSUs, not every maintenance or property question.
- In re Marriage of Condie, No. 80221-6-IWashington State Courts · published opinion · WashingtonSource checked: 2026-09-07. Published Washington Court of Appeals decision; its holdings are fact-specific.
- In re the Parenting and Support of E.J.S., No. 80912-1-IWashington State Courts · published opinion · WashingtonSource checked: 2026-09-07. Published Washington Court of Appeals decision concerning vested and delivered RSUs in child-support income.
POLICY PROBLEM
A large vesting year may affect cash flow and apparent ability to pay while also raising a property question. The records should show the grant’s service period, withholding, and whether the award is recurring or exceptional before drawing conclusions.
- RCW 26.09.090 — Maintenance orders; factorsWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
- RCW 26.09.080 — Disposition of property and liabilitiesWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
- RCW 26.19.071 — Standards for determination of incomeWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
PROPOSED REFORM
A transparent framework could require courts and parties to identify the legal purpose for each equity figure and show how tax, withholding, and prior property treatment were handled. This is a proposal, not current law.
- RCW 26.09.090 — Maintenance orders; factorsWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
- RCW 26.09.080 — Disposition of property and liabilitiesWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
Questions for a qualified professional
- Which RCW 26.09.090 factors are supported by records?
- Is the equity figure being discussed as income, a resource, property, or more than one?
- What tax and withholding evidence explains available cash?
Frequently asked questions
Are RSUs property or income in Washington maintenance cases?
That depends on the legal question and facts. Washington authority is clearer for vested and delivered RSUs in child-support income than for every maintenance or property classification.
Sources
- RCW 26.09.090 — Maintenance orders; factorsWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
- RCW 26.09.080 — Disposition of property and liabilitiesWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
- In re Marriage of Condie, No. 80221-6-IWashington State Courts · published opinion · WashingtonSource checked: 2026-09-07. Published Washington Court of Appeals decision; its holdings are fact-specific.
- RCW 26.19.071 — Standards for determination of incomeWashington State Legislature · statute · WashingtonSource checked: 2026-09-07.
- In re the Parenting and Support of E.J.S., No. 80912-1-IWashington State Courts · published opinion · WashingtonSource checked: 2026-09-07. Published Washington Court of Appeals decision concerning vested and delivered RSUs in child-support income.
Educational information, not individual legal advice. Read our disclaimer.