Quick answer: Washington is a community property state (the IRS lists it among the nine), but the court does not simply split everything in half. Under RCW § 26.09.080 it makes such disposition of the property and liabilities of the parties, either community or separate, as appears just and equitable, without regard to misconduct, after considering all relevant factors including: the nature and extent of the community property; the nature and extent of the separate property; the duration of the marriage; and the economic circumstances of each spouse when the division is to become effective, including the desirability of awarding the family home or the right to live there for reasonable periods to the spouse with whom the children live the majority of the time. Separate property is property owned before the marriage or acquired afterwards by gift, bequest, devise, descent or inheritance, with its rents, issues and profits (§ 26.16.010); property not separate and acquired after the marriage is community property (§ 26.16.030). A just and equitable division is not necessarily equal, and the court may award separate property to either spouse when the circumstances call for it. The property provisions of a decree cannot be modified unless the conditions that justify reopening a judgment exist.
What the Washington statutes say
- Community and separate property are both before the court.
- Just and equitable, not equal. There is no set percentage.
- No misconduct. Fault is not a factor in the division.
How the calculator works
You enter the community property and debts each spouse holds and each spouse’s separate property. By default separate property stays with its owner; you can include it in the pool to test a division that reaches it. The calculator starts at an equal share and shows the payment between the spouses. The reasoning is in just and equitable division in Washington, community and separate property in Washington and the statutory factors and the family home.
Property and maintenance
The property apportioned to each spouse is a resource when the court decides maintenance. See the Washington alimony calculator.
Property division across Washington
The statutes apply in every superior court that hears dissolutions, from Seattle, Spokane, Tacoma, Vancouver, Bellevue or Everett.
Frequently asked questions
Is Washington a community property state?
Yes. The IRS lists Washington among the nine community property states, but the court makes a just and equitable disposition of community and separate property, not necessarily equal.
Does Washington split property 50/50 in a divorce?
Not by rule. The division must be just and equitable on all relevant factors.
Does fault matter in Washington property division?
No. The disposition is made without regard to misconduct.
Can a Washington court divide separate property?
Yes. The statute lets it dispose of the property and liabilities of the parties, community or separate, as is just and equitable.
What is separate property in Washington?
Property owned before the marriage or acquired by gift, bequest, devise, descent or inheritance, with its rents, issues and profits.