Washington is a community property state, so most assets and debts gained during the marriage belong to both spouses. Still, this does not guarantee a simple 50/50 split. Instead, courts strive for what they consider a “fair division of property,” which may not turn out exactly equal.
How does Washington define fair property division?
Judges consider many factors to decide what is fair. They look at each spouse’s finances, the length of the marriage, and both financial and non-financial contributions. They may also consider each spouse’s future earning potential and unique circumstances. Since marriage length matters, it’s worth noting that, according to the U.S. Census Bureau, the median duration of first marriages that end in divorce is around eight years. Sometimes one spouse may receive a bit more of certain assets if that creates a fairer result overall.
If you face a property division issue, you may want to review the state’s property division statute. This law spells out key factors that judges consider, but it also gives them room to use their judgment. Judges do not just tally numbers; they aim to help both spouses move forward in a balanced way.
What if you never married?
For couples who never officially married, Washington recognizes “Committed Intimate Relationships” (CIRs). If the court decides a CIR existed, it may split property as though the pair had been married. Even without a marriage license, the court can still use fair and balanced principles to divide the property.
By understanding how judges approach asset division, you can prepare yourself for what to expect during this stage of the process. An attorney can help clarify how these factors may apply in your situation.
