Is Washington a 50/50 Divorce State? What to Know

When it comes to divorce, one of the first questions people often ask is, “How will our property be divided?” At Jackman Law Firm, we’ve been helping families navigate divorce cases since 2014, providing the guidance and support they need during challenging times. 

Washington’s property division laws can seem overwhelming, but understanding the basics can make the process less daunting.

Let’s talk about what it means for Washington to be a “community property state” and what you should know about how the courts divide assets in a divorce.

Community Property State

Washington is one of a handful of states that follow community property laws. But what does that mean? Essentially, it’s a system where any property or income acquired during the marriage is considered jointly owned by both spouses, regardless of who earned or purchased it. This approach assumes that both partners contributed to the marriage in different ways, whether financially or through non-financial efforts like homemaking.

Community Property vs. Separate Property

• Community Property: This includes assets and income acquired during the marriage, such as salaries, real estate, retirement accounts, and even debts. For example, if one spouse buys a car while married, it’s likely to be considered community property.
• Separate Property: Assets owned by either spouse before the marriage or acquired through inheritance or gifts are generally considered separate property. For instance, if you inherited a piece of land from a family member, that land would typically remain yours alone.

While the law starts with a presumption of a 50/50 split of community property, it doesn’t always end that way. The court considers several factors to determine what is fair and equitable, which may not mean equal.

Factors Affecting Property Division

Property division in Washington isn’t a one-size-fits-all process. While the default is an equal split of community property, courts can adjust this division based on various factors to achieve a fair outcome.

Duration of the Marriage

The length of your marriage can play a significant role in property division. A shorter marriage might result in each spouse keeping closer to what they brought into the union. In contrast, a long-term marriage may lead to a more even division of all assets, reflecting the joint contributions over time.

Financial Situation of Each Spouse

If there is a significant difference in the financial standing of each spouse, the court may adjust the division. For example, if one spouse earns significantly more or has fewer debts, the court might allocate more assets to the lower-earning spouse to ensure they are not disadvantaged post-divorce.

Nature and Extent of Community Property

Not all community property is equal in value or form. The court considers the type and amount of property to decide how to divide it. For instance, dividing a family business might require different considerations than splitting a savings account.

Nature and Extent of Separate Property

Separate property remains with the spouse who owns it, but things can get tricky if separate assets are commingled with community property. For example, using an inheritance to pay off a mortgage on a marital home may blur the lines between separate and community property.

Economic Misconduct

Courts take economic misconduct seriously. If one spouse wastes marital assets—such as draining a joint account on unnecessary expenses—the court might adjust the division to account for this behavior. Hiding assets or transferring property to avoid division can also lead to penalties.

Child Custody Arrangements

If one parent is granted primary custody of the children, they may be awarded the family home or additional assets to provide stability for the kids. The court prioritizes the best interests of the children when making these decisions.

Spousal Maintenance (Alimony)

Spousal maintenance can also influence property division. For example, a higher-earning spouse may receive a smaller share of marital assets if they are also ordered to pay alimony. This ensures an equitable outcome without leaving one party in financial hardship.

Contributions to the Marriage

Contributions go beyond financial input. Courts consider non-financial contributions, such as homemaking or raising children, as equally valuable. These efforts are factored into how property is divided.

Real-World Examples

To illustrate, consider a couple married for 20 years. The husband worked while the wife stayed home to care for their children. Even if most of the assets were acquired through the husband’s job, the court is still likely to divide everything equally, recognizing the wife’s non-financial contributions. On the other hand, in a five-year marriage where both spouses kept separate bank accounts and investments, the court might lean towards each spouse retaining what they brought into the marriage.

The Role of a Divorce Attorney

Divorce can be emotionally and financially draining, but having the right legal support can make a world of difference. At Jackman Law Firm, we’re here to protect your rights and guide you through the process.

Negotiations

A skilled attorney can help negotiate a settlement that works for both parties, avoiding the need for lengthy and costly court battles. Whether it’s dividing property or discussing custody arrangements, a fair agreement is always the goal.

Mediation

Mediation is a less adversarial way to resolve disputes than going to court. Your divorce attorney can guide you through this process, ensuring your voice is heard and helping you reach an agreement that reflects your priorities.

Litigation

If an agreement can’t be reached, your case may go to court. In this situation, your attorney will advocate for you, presenting your case effectively to ensure the best possible outcome.

Facing Divorce in Washington? Contact Jackman Law Firm Today

At Jackman Law Firm, we understand how overwhelming divorce can feel. Through the years, we’ve helped countless clients work through family law matters with compassion and dedication. Whether you’re dealing with property division, custody, or spousal maintenance, we’re here to stand by your side and fight for what’s fair.

If you have questions about property division or any other aspect of divorce in Washington, reach out to us. Call us today at (206) 588-5555 or visit our Contact Us page to schedule a consultation. Let us help you take the next step with confidence.