Washington Property Division | WA Settling Disputes for Marital and Non-Marital Divorce Assets and Debts

Once a couple gets divorced, the courts have to start sorting out everything from the marriage. Legally speaking, the courts must turn the 1 household that existed during the marriage into 2 separate households. Among the many tasks the court must perform, a universal one is property division, specifically Washington property division.

The first thing a divorcing spouse should do is retain a licensed Family Law attorney. Property division laws can be complex, vary from state to state and judges are more likely to rule favorably for a party that is represented by competent legal counsel.

Property Division Divorce Laws in Washington

The purpose of Washington property division laws is to make sure that Washington marital property is allocated equitably to each spouse as Washington divorce property. The split does not have to be equal, however.

Washington is a community property state. This means that with regard to Washington divorce assets, each spouse has a ½ vested interest in the property of the other spouse that should be considered in dividing Washington divorce assets or Washington divorce property.

What is considered Marital and Non-Marital Property?

Washington marital property is all property acquired during a marriage under Washington Code §26.16.030. Property acquired during the marriage is presumed to be community property. It can be managed and controlled by either or both spouses.

However, the spouses can not give away more than ½ of the interest in community property or manage and control the property without the other spouse's consent nor violate any other provisions of Washington Code §26.16.030 that govern community property in Washington.

Non-marital property is property exempted as separate under Washington Code §26.16.010. This includes:

Property and pecuniary rights owned by a spouse before marriage
Property acquired by a spouse afterward by gift, bequest, devise, descent, or inheritance

A spouse may also “manage, lease, sell, convey, encumber or devise by will [separate] property without his or her spouse joining in” with the “rents, issues and profits separate from the debts or contracts” of a spouse.

Dividing Assets and Debt

After the court decides which property is available for distribution, the next step is property valuation. The last step is an equitable division under Washington Code §26.09.080. Some of the factors considered are:

The length of the marriage
Amount of community property
Amount of parties' separate property
The parties' economic circumstances

Using these statutory factors, judges decide how a marriage's assets should be divided. Here is a list of the most common property items and the most common allocation scheme used.

Cash: Divided equitably among the spouses.
- Example 1: A joint savings account has $5,000. The court would most likely award $2,500 to each spouse.
- Example 2: A joint savings account has $5,000. One spouse contributed $4,000 and the other contributed $1,000. The amount may be divided equally or in another way if the $1,000 contributor has less money than the $4,000 contributor.
Retirement Plans: The amount accrued during the marriage is divided equitably.
- Example 1: A spouse got benefits in a retirement plan after working for 30 years and was married for 20 of those years. The ex-spouse would most likely be entitled to a portion of the income acquired during the marriage.
- Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it.
Vehicles: Divided based on the values as determined by the court. May be sold or given to a spouse outright.
- Example 1: One spouse owns a car. The car will most likely be sold with proceeds divided among the spouses or given to a poorer spouse based on the court's discretion.
- Example 2: A car has a shared title. The car may be sold with the proceeds divided among the spouses or given to a poorer spouse outright.
Insurance: The portion paid for or acquired during the marriage is divided equitably between the spouses.
- Example 1: One spouse has covered the other under employer provided health insurance. The other spouse is in poor health and could afford alternate health care coverage. The court may order the first spouse to continue covering that spouse for a set time period and/or award money to the other spouse to buy new coverage.
- Example 2: One spouse has a life insurance policy where the ex-spouse is to get survivor benefits. The spouse will be entitled to the portion of the benefits that accrued during the marriage.

Settling Disputes in a Divorce Case with Property and Asset Division

Under Washington case law, property division orders decreed by the court are final and can not be modified. However, you could go back to the court to enforce a property division order though contempt of court if a spouse is being uncooperative.

The trial court has great latitude in making decisions on property division and appellate courts will not change the order unless there was an abuse of discretion in the trial court. This is very hard to prove.

Help From a Washington Property Divorce Lawyer

Retaining a Washington property divorce lawyer is key to getting the fairest and most equitable result in the property division phase of a divorce. The lawyer can provide professional guidance, keep you informed of likely outcomes and help you present the best arguments and presentation to the trial judge handling the divorce.

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