Alimony—referred to as “spousal maintenance” in Washington—is a court-ordered payment from one spouse to another after a divorce or legal separation. Its purpose is to provide financial support to the lower-earning spouse, helping them maintain a standard of living close to what they had during the marriage. Courts consider a variety of factors when determining alimony, including each spouse’s income, employment prospects, health, and length of the marriage.
But what happens when one of the parties receives a large inheritance after the divorce? Can this new financial resource change the terms of spousal support?
The Basics: What Is Considered for Alimony Modification
In Washington State, alimony orders can be modified if there is a substantial change in circumstances. This legal standard includes changes in income, employment, health conditions, or financial responsibilities. Either the paying or receiving party can request a modification.
An inheritance may seem like a substantial change—but whether it actually qualifies depends on a few important legal nuances.
Does Inheritance Count as Income?
Washington law does not automatically treat inherited assets as “income” for the purposes of alimony. In fact, most inheritances are considered separate property unless commingled with marital assets. However, the situation becomes more complicated when the inheritance provides a significant increase in the recipient’s financial standing.
Let’s look at it from two angles:
- If the person receiving alimony inherits money: The paying party may argue that the recipient no longer needs spousal support because of their improved financial condition.
- If the person paying alimony inherits money: The recipient may argue that the payor now has a greater ability to contribute and should increase payments.
Whether either argument holds depends on how the court views the inheritance in the broader context of financial need and fairness.
Inheritance and “Substantial Change in Circumstances”
In Washington, a court won’t change alimony obligations just because one party’s financial situation improves. The change must be significant enough to impact the original rationale for the support order.
For example:
- A modest inheritance that does not affect the recipient’s ability to pay bills or live independently is unlikely to warrant modification.
- A multi-million-dollar inheritance that eliminates the need for support could meet the threshold for modification or even termination of alimony.
Likewise, if the paying spouse inherits significant wealth, courts may consider increasing support if the recipient still has unmet needs—though Washington courts are not obligated to equalize post-divorce incomes.
Courts Focus on Need and Ability to Pay
In making decisions about alimony, Washington courts typically examine:
- The recipient’s need for continued financial support
- The payor’s ability to pay, considering their income and resources
- The length of the marriage
- The standard of living established during the marriage
Inheritance can affect both need and ability. However, courts are careful not to punish someone for receiving an inheritance, especially if the estate was meant for personal use, not ongoing support.
Commingling Inherited Assets: A Legal Trap
If inherited funds are kept separate—such as in a separate bank account or trust—the recipient is more likely to argue they remain personal assets, not subject to spousal support calculations.
But if the funds are used jointly (e.g., deposited into a shared account or used to buy a home titled in both spouses’ names), the inheritance may be treated as commingled, potentially altering spousal support arguments.
This issue frequently arises when alimony recipients inherit property or cash and do not take steps to isolate those funds legally.
Prenuptial and Divorce Agreements May Address Inheritance
Some divorce decrees or prenuptial agreements specifically address how inheritance will affect spousal maintenance. These clauses may:
- Waive alimony adjustments based on inheritance
- Require disclosure of large windfalls
- Limit modifications to only job-related income changes
At Story Law, our attorneys draft and review these agreements carefully to ensure future clarity and avoid litigation down the line.
Realistic Scenarios: When Inheritance May Trigger a Change
Let’s consider a few examples to illustrate how Washington courts might approach this:
- Recipient inherits a large estate:
If the alimony recipient suddenly gains access to several million dollars and no longer needs support to meet basic living expenses, the court may terminate or reduce alimony. - Payor inherits a business or investment assets:
If the paying spouse’s inheritance significantly increases their income or net worth, the recipient could request a review—especially if they are struggling financially. - Either party’s inheritance is placed in a trust:
Courts may be less likely to alter alimony if the inheritance is held in a spendthrift or restricted-access trust. The key issue is whether the funds are accessible and usable. - No inheritance clause in original decree:
If the divorce agreement didn’t anticipate inheritance, either party may file a motion for modification based on the financial impact—but they must prove the change is both substantial and material.
How Story Law Helps Clients With Inheritance and Alimony
At Story Law, we regularly advise Bellevue clients navigating complex alimony issues, including those involving inheritance. We provide:
- Legal review of existing divorce and support orders
- Filing and defending alimony modification motions
- Protective strategies to help preserve inherited assets
- Estate planning referrals when needed
Whether you’re concerned about losing support due to an inheritance or feel the other party’s windfall justifies a change, our team brings clarity and compassion to the process.
Key Takeaways for Washington Residents
- Inheritances can affect alimony—but they do not automatically change anything.
- Courts focus on financial need, ability to pay, and substantial changes in circumstances.
- It’s crucial to act quickly if a change in circumstances arises; the longer you wait, the more complicated the case can become.
- If you’re expecting or have received an inheritance, legal planning is critical to avoid unexpected consequences in family court.
Consult Story Law Today If Your Financial Situation Has Changed
If you’re dealing with alimony concerns involving an inheritance—or anticipating one—contact Story Law. Our experienced family law and divorce lawyers in Bellevue can guide you through every legal step with the strategy and confidence you need.
