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Olympia Divorce Attorney Property Distribution

Washington State Family Law Lawyer Laurie G. Robertson

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Questions about the distribution of property in your Olympia divorce?

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Washington is a Community Property State. This means that in Washington property that is acquired during the marriage is presumed to be community property.

i. Community property is split on a "Fair and Equitable" distribution.


This generally means 50/50, but can be changed by the court to compensate one partner for sacrifices during the marriage or for other good cause. Retirement acquired during the marriage is considered community property as well as any businesses, investments, or other properties acquired with community assets. You may reach an agreement on property distribution and we will draft the documents that will be accepted by the courts.

ii. Separate property is that property acquired prior to marriage or after the date of separation.

Inheritances and Disability payments are two of the main exceptions to community property designation and are considered separate property even if earned during marriage.

In certain circumstances, the court has the authority to attach separate property of one spouse if it is necessary to reach a fair and equitable distribution of the assets.

Separate property can lose its distinction and become community property if the assets are co-mingled with community assets to such a degree that the ability to identify the separate property assets is lost.