A massive concern during divorce that most spouses stress over is what will happen to the property accumulated during the marriage. While Washington courts strive to divide property equally, there are circumstances under which they may deviate from this principle.
What factors may influence the court’s decision?
Washington courts consider several factors when deciding whether to divide property unequally. However, certain circumstances make unequal division more likely. For example:
- Health issues: If one spouse has health problems requiring substantial medical expenses, the court might grant them a larger share of the property.
- Debt responsibility: The court may assign more debt to the spouse, who can better pay, offsetting this by granting them more property.
- Significant separate property: If one spouse brought substantial assets into the marriage or received a large inheritance, this could affect the division.
The court may consider other relevant circumstances. For instance, if one spouse earns more, the court may give the other spouse a larger share of the property to ensure a fairer outcome.
When has the court allowed unequal property division?
Washington courts sometimes divide property unequally in divorce cases. They look at the specific circumstances of each couple. In one case, the court gave the wife more property because the husband wasted their assets during the marriage. In another case, the court awarded the wife a more significant share due to the husband’s higher earning potential. These examples show that Washington courts carefully examine each situation when deciding on unequal property division.
How can I ensure a fair outcome?
Divorces are rarely simple, and understanding that property division laws can be complex is important to protect your assets. Working with someone with experience can give you valuable insights and help you understand how the law applies to your unique situation.
