Washington, unlike some states, recognizes “committed intimate relationships.” Courts may consider a number of factors, including the parties’ intent, the length and purpose of the relationship, whether the parties continuously lived together, and whether the parties pooled their resources. When a couple acquires property during a committed intimate relationship, it…
Before awarding Washington spousal maintenance, a court must consider certain factors. Those factors include the financial resources of the spouse requesting maintenance; the time it would take that spouse to get the necessary education or training to find appropriate employment; that spouse’s age, physical and emotion conditions, and financial obligations;…
The court must characterize property as community or separate when distributing property in a Washington divorce. Character is generally determined when the property is acquired. When a spouse acquires property before the marriage, that property is presumed to be separate property unless there is sufficient evidence of an intent to…
A trial court in a Washington divorce generally has broad discretion in the disposition of property and debts. Once the court enters the dissolution decree, though, it generally may not modify the property division unless there are conditions justifying the reopening of a judgment. The court may, however, correct clerical…
Courts in Washington divorce cases must make an equitable and just distribution of the couple’s property and liabilities. In some cases where one spouse owes the other, spousal maintenance or alimony may be used to achieve an equitable and just distribution. In a recent case, a husband challenged the award…
In a Washington divorce case, a disability allowance is treated differently depending on whether it replaces future lost wages or a standard retirement pension. This distinction will determine if the allowance is considered separate or community property. In a recent case, an ex-wife challenged the characterization of her ex-husband’s disability…
Even when the parties to a Washington divorce agree that one spouse should pay spousal maintenance to the other, they may not agree to the amount or duration of that maintenance. In making determinations regarding maintenance, courts should consider certain factors and make specific findings. A husband successfully challenged the…
Once a Washington divorce decree is issued, a maintenance award can only be modified by the court when the party seeking the modification shows a substantial change in circumstances. A fact unknown to the trial court or an unanticipated fact that arises after the decree is entered may constitute a…
Following a Washington final divorce decree, a maintenance award, also known as spousal support, may only be modified if there has been a substantial change in circumstances since the decree. The change has to be something that was not within the contemplation of the parties at the time of the…
Photo Credit: Ruslan Grumble / Shutterstock.com In a Washington divorce, the court must characterize the assets as separate or community property. While categorizing some types of property are fairly straightforward, others can be more complicated. Employee stock options, for example, are characterized based on when they were acquired. The court…