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All property division pursuant to a divorce in Washington state starts from the simple premise that all
assets accumulated during the marriage will be split 50/50.
This includes such assets as the appreciation of retirement plans that were purchased
before the marriage. The value of such an asset must be analyzed to determine
what portion grew or accumulated during the marriage and the value prior to the
marriage.
One word of caution that I must give you is that determining property division
is far more discretionary than, say, the calculation of child-support. If
you have concerns about how property is going to be divided, whether it is community
or separate, or how alimony might fit in, you should call and speak with me.
Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing
your case (and I say Judges because the Commissioners only deal with pre-trial issues,
modifications, and contempt; they can't divide the equity in your home or business).
Carefully planning from the start of your case is necessary to develop the evidence
needed in property characterization. It also gives the attorney time to become
familiar with what both parties real financial futures might look like upon final
dissolution of the partnership. This is especially important where one is not dealing
with a trivial amount of assets, or if you feel your spouse has a significantly higher
earning potential.
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