Washington is a
community property state. This means that all assets and debts accrued during the marriage are considered owned equally by both spouses. Any property and debts acquired prior to the date of marriage or obtained after the date of separation are not marital assets. An inheritance received during the marriage that is kept separate from marital assets is also not included in the community property calculation. Under state law, marital property is to be divided equally between the parties, regardless of
misconduct. Usually, each ex-spouse receives one-half of the marital assets and is responsible for one-half of the marital debts.
However, Washington’s laws also have some flexibility when dividing marital property. The court is required to consider the nature and extent of the community property, the length of the marriage and each spouse’s respective financial position when making a ruling on dividing it. If the court finds that an equal division of property would leave one spouse in an inferior position, it has the authority to award an unequal distribution.
Washington spouses can agree to a property division and submit it the court for approval. Once established, property division orders cannot be modified or cancelled unless the court finds legal grounds to open the original divorce case, such as fraud.