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Asset distribution after divorce

Asked about 4 years ago - Seattle, WA

I've been married for 3 years and am a resident of Washington state. Prior to getting married my husband and I each had separate homes, checking/savings, retirement accounts and credit cards. After we got married we continued to keep these things separate. We did create a joint checking account for paying household expenses. I am filing for divorce this coming year and am wondering if there is a way to protect my existing assets. Washington is a community property state and so I'm concerned that my husband is entitled to half of my savings, checking and retirement accounts. Is this true?

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Attorney answers (2)

Craig Edward Kennedy

Reputation Level 14

Answered about 4 years ago. Divorce / Separation Lawyer in Vancouver, WA.

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The short answer is that ALL property is before the Washington Superior Court in a Dissolution Action. Community and Separate.

Generally however, separate property should remain separate and the community property that the parties have created should be fairly divided in a short term marriage. So, gather your documentation together so you can trace all of your property to it's separate sources showing you and you alone have purchased your property and paid for it all along.

Problem is, without a 'partition and exchange' agreement, the income that has been used to keep these homes going during the marriage is community property, so there might be some minor accounting to do.

And if both you and your current spouse are amendable to a property settlement agreement, you both might find you are just far and away better off in the long run to handle this amicably.

Getting good family law counsel in the meantime is a must. The sooner, the better!

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Elizabeth Rankin Powell

Reputation Level 20

Answered about 4 years ago. Family Law Attorney in Tacoma, WA.

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Washington follows a "just and equitable" distribution of property doctrine. A three year marriage is considered short term, so the objective of the court is to place each of you back in the position you were in before you married.

Washington judges will also recognize when parties have carefully segregated assets and not co mingled them.

Filing for divorce promptly is the best way to protect what you own. Waiting for several years is the best way to have a court find that your finances are intermingled to the point where they have lost their separate - ish character and thus each spouse is entitled to roughly half of the community or that equity requires that the spouse who didn't contribute as much is entitled to more than what they contributed.

Best thing you can do is start looking for the best LOCAL family law attorney you like. We are all different - where you might get along well with one, you might think another is not the one you want to deal with. So, go interview attorneys, see what you think.

Ending a marriage may feel like the end of the world, but when you hire an attorney who does this for a living, you should be able to rely on the attorney's clear judgment and global view to help you through the transition in a cost efficient manner. Lots of motions and discovery cost a fortune and don't get it done. When there are no children, it is a simple property division and all the embroidery and fancy work in the world, while costing you greatly, will not result in a more precise division of property and debts. Any family law attorney worth their salt can predict, with reasonable certainty,with what assets and liabilities you will leave this marriage and can make this happen in just over 90 days.

Hope this helps. Elizabeth Powell

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