Dividing properties when you divorce without children

On Behalf of | May 8, 2024 | Divorce, Property Division

Divorce is never easy for any couple going through separation. Even for a family with no children, the divorce process could remain overwhelming as they shift focus to property division. An equitable asset distribution is crucial to prevent disputes and lead to a more peaceful separation.

Properties involved during a divorce

When there are no children in the picture, the most difficult topic to discuss in a divorce could be property division. Married couples often have properties accumulated throughout the years, including real estate, savings, stocks, pensions, retirement funds, business shares and other household goods.

Washington law considers most assets acquired during a marriage as communal or jointly owned by the couple. Nonetheless, there are still exceptions to this, such as assets gifted to or inherited by one of the spouses. Aside from assets, separating couples must also share and divide their debts.

Factors to consider in property division

In Washington, all assets and debts acquired during the marriage must be divided equitably among the couple. Equitable property division does not necessarily mean an equal, or 50-50, division. The goal is to provide a fair share to both parties, considering their contributions and needs. Some factors that the court will consider are:

  • Duration of marriage: Asset division becomes more complex when the marriage lasts a long time. When the couple’s assets are heavily intertwined, it would be difficult to divide them.
  • Contribution of each spouse: In addition to financial contributions, the court will also consider household and emotional support made throughout their marriage.
  • Marital dynamics: Issues, such as infidelity or financial misconduct, could influence the court’s decision in distributing assets.
  • Financial circumstances post-divorce: The court will evaluate each spouse’s financial needs and earning potential to ensure that both parties can move forward with stability.

Separating couples can discuss and reach their own agreement on property division through negotiation or mediation. However, they must ensure that the distribution of properties is fair and equitable for both parties. Open communication, transparency and compassion are vital during this emotional process to minimize potential conflicts.

Divorcing without a child could lessen the complications of the process. However, every case is different, and it could have its own share of complexity. Dividing properties in a divorce, even if there are no children involved, could still be overwhelming. Couples going through this situation might find comfort in having a competent divorce lawyer on their side. The experiences of a divorce attorney could ensure that properties are divided equitably among them, helping both parties heal and move forward through their separation.