Divorce can be a difficult and emotional process, even more so when you live in a community property state like Washington. In a community property state, all assets acquired during the marriage are considered equally owned by both spouses. This can make property division more complicated and potentially contentious. In this article, we’ll explore the pros and cons of divorcing in Washington’s community property state.
Pros of Divorcing in Washington’s Community Property State
1. Equal Asset Division
In a community property state like Washington, all assets acquired during the marriage are considered equally owned by both spouses. This means that each spouse is entitled to 50% of the assets, regardless of who acquired them. This can be beneficial in cases where one spouse has significantly more assets than the other, as it ensures a more equitable division.
2. Shared Debts
Just as all assets are equally owned, all debts acquired during the marriage are equally shared between spouses. This can provide relief to the spouse who might have taken on more debt during the marriage. In a divorce, both spouses are legally responsible for paying off debts incurred during the marriage, regardless of whose name is on the account.
3. Spousal Support
Washington state law recognizes that one spouse may have made significant contributions to the other spouse’s income or career during the marriage. In such cases, the lower-earning spouse may be entitled to spousal support, also known as alimony. Spousal support can help ensure financial stability for the spouse who may have given up their career aspirations or put their own earning potential on hold to support the marriage, children, or the other spouse.
4. Protection of Business Assets
Business owners in Washington stand to benefit from the state’s community property laws. Business assets acquired during the marriage are considered equally owned between the spouses, but non-marital business assets are excluded. This means that business owners are generally able to protect their separate business property and assets, while still dividing equally all the marital assets.
Cons of Divorcing in Washington’s Community Property State
1. Complicated Property Division
Splitting assets equally can make property division even more complicated. Disagreements over what constitutes marital property and how to value and divide assets can drag out the divorce process. In situations where one spouse has significantly more assets or a higher earning potential, they may try to downplay their assets or inflate debts to limit their share of asset division.
2. Shared Debts
While shared debt can be a pro for some, it can also be a con for others. Spouses can end up responsible for debts they had no knowledge of or did not agree to. In addition, joint accounts can be an issue since either spouse can withdraw money, creating a situation where one spouse can leave another in debt.
3. Limited Marital Fault
One issue with Washington’s community property state is that the state applies a limited marital fault when it comes to granting or not granting spousal maintenance. This means that courts cannot consider marital misconduct or the issues that caused the divorce while making decisions on spousal maintenance. For some spouses, this can be frustrating if they believe their spouse’s actions led to the breakdown of the marriage and want the court to consider that in their decision on spousal maintenance.
4. Lengthy Property Division Process
Property division in a community property state like Washington can often be time-consuming due to the need to equally divide all assets. This can lead to a longer divorce process and can potentially cause significant financial and emotional stress for both spouses.
The Bottom Line
While divorcing in Washington’s community property state can provide an even distribution for assets and debts acquired during the marriage and offer relief in terms of spousal support, there are some downsides. Property division can be complicated, shared debt can lead to financial issues beyond the divorce, and the lengthy court process can be frustrating. Ultimately, the decision to divorce and how to proceed should be discussed with a lawyer to determine the best course of action.