By Don't Get Married WA editorial desk · Washington · Source links checked: 2026-09-07
Last legally reviewed: Not yet attorney reviewed. Law-current-through: Not certified. This guide organizes sources and questions; it does not apply law to your circumstances.

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.

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.

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.

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.

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

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