Washington Divorce Property Division

System
Community Property
Default Split
50 / 50
Governing Statute
RCW 26.09.080

What the Law Says

Washington is one of 9 community property states. Property acquired during the marriage belongs to both spouses equally. On divorce, it splits 50/50 unless a specific exception applies. Property owned before the marriage, gifts, and inheritances stay with the original owner.

Washington is a community property state that divides all property, including separate property, in a just and equitable manner. Courts may award separate property of one spouse to the other if equity requires.

Statutory Factors (RCW 26.09.080)

Washington courts are required to consider:

  1. Property acquired during marriage is community property
  2. Property owned before marriage is separate
  3. Gifts and inheritances are separate
  4. Commingling may affect classification
  5. Community estate divided equally or justly
  6. Debt characterization follows state rules

Common Questions

Washington: community property or equitable distribution?

Community property. RCW 26.09.080 presumes a 50/50 split of everything acquired during the marriage.

What factors does a Washington court weigh?

RCW 26.09.080 lists 6 factors. The first three: Property acquired during marriage is community property, Property owned before marriage is separate, Gifts and inheritances are separate. The full list is above.

Does Washington split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are community property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Washington's community distribution rules on your actual assets and debts.

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Source: RCW 26.09.080 AI draft · Full law library entry