Property information and resources related to the Family Law practice. The articles written below are offered to give you helpful information on how various assets are awarded in a dissolution of marriage in Washington. If you need further assistance in a family law matter, please contact us by phone or email.After a divorce is complete, changing beneficiaries on accounts is important. Failure to do so can have some unexpected results. If you have retirement benefits, insurance benefits, bank accounts, investment accounts, etc., with named beneficiaries, you will wand to review them to make sure they are what you want after divorce. Chances are you named […]
Community Property
What is Community Property? Washington is a Community property state. Upon dissolution, the Court must distribute all the property owned by the parties between them (both community and separate). The Court first determines whether the property is characterized as community property or separate property. Separate property is that which one spouse owned before the marriage […]
Debts in Divorce
Family Law: Debts in Divorce in Washington As part of an action for the dissolution of a marriage, in addition to the division of property, the Court must determine the division of the parties debts and liabilities. The standard the Court uses is not necessarily and equal division of the debts, but a fair and […]
Divorce and Taxes
Family Law: Divorce and Taxes Divorce often presents tax issues that need to be resolved, including those relating to property and debt, spousal maintenance, child support and sometimes previously filed (or yet to be filed) tax returns. Because of the complexity and high stakes associated with divorce and taxes, this area is one in which […]
Equal vs. Equitable Division of Assets
In Washington, the legal standard for the division of property and debts is not to divide things equally. At first glace, you might think that it should be. However, the legislature has determined that is not the standard to be used by the courts. An equal division of assets could result in the forced sale […]
Equity in Family Home in Divorce
Family Law: Equity in Family Home in Divorce When a couple divorces in Washington, the equity in the family home is divided along with the other community property in a fair and equitable manner. If the parties are in agreement, the house can be sold and the equity split between them. The Court will rarely […]
Gender Justice in Washington
Family Law: Study of Gender Justice in the Court of Washington In 1989, the Washington State Task Force on Gender Justice in the Courts issued its final report after a 20 month study of the extent and consequences of gender bias in the Washington State Courts, along with its recommendations. This extensive study (several hundred […]
Pets in Divorce
In many divorce or legal separation settlements, the most complicated matters to resolve are child custody arrangements and the division of the couple’s assets. In recent years, however, more and more couples have found themselves caught in a legal battle somewhere between the two: custody disputes over pets. How do the courts handle pets in […]
Retirement Plans in Washington Divorce – QDRO
Pension and retirement benefits are generally considered property subject to distribution by the Court in a dissolution action, whether or not the benefits are vested. The law considers these benefits to represent deferred compensation. This means they were accrued during the marriage and belong to the marital community, rather than to the spouse whose employment […]
Social Security Benefits
Family Law: Social Security Benefits After Divorce Why Stay Married For Ten Years? If your marriage is nearing the ten-year mark, and you’re thinking of getting a divorce, here’s one reason to stick around for a little while–at least if your spouse earns more money than you do. Under current Social Security laws, a divorced […]
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