Family Law News

If the husband and wife negotiate an agreement, the court will probably approve it. If no settlement is reached, the court will decide how to divide the property. Property settlement agreements are binding and generally cannot be modified.

Property division is generally made without regard to marital misconduct; instead, a court considers:

nature and extent of community property;
nature and extent of separate property;
how long the parties were married;
financial position of each party: whether each spouse is employed and self-supporting; entitlements to social security and profit-sharing plans;
who is going to pay the bills; and
special circumstances.
A special provision of Washington law requires the court to consider whether a parent should be allowed to continue living in the family home so the children do not have to be moved.

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	Did You Know?
	You may be able to leave your pension to your spouse or child. In general, if you are married, your spouse is entitled to a portion of your pension if you die first. There is some cost to that, however, that usually serves to reduce the monthly retirement payments you would have received if the benefits were to be paid just during your lifetime. If you and your spouse agree, you can waive this survivor benefit protection, and/or sometimes name some other person(s) (such as a child) as your beneficiary. Consult with your family lawyer and review the plan summary carefully to find out your rights and responsibilities in this area.