One of the significant aspects Washington couples have to deal with in divorce is property division, which entails dividing assets and liabilities between spouses. Property division can be a contentious issue, but understanding the principles and approaches can help facilitate a fair and equitable distribution.
Equitable distribution
In most jurisdictions, including many U.S. states, the principle of equitable distribution is followed for property division in divorce. Equitable distribution does not necessarily mean equal division but rather a fair and just distribution based on various, including the duration of the marriage, each spouse’s contributions to the marriage, the financial situation of each spouse and the future financial prospects of both parties.
Identifying and valuing assets
Identifying and valuing all marital assets includes tangible assets such as real estate, vehicles and personal belongings, as well as intangible assets such as bank accounts, investments, retirement accounts and businesses. Professional appraisals, financial experts and accountants may play a role in assessing complex assets.
Considerations for unique assets
Certain assets may pose unique challenges during property division. For example, a family-owned business may require careful evaluation to determine its value and the extent to which it qualifies as marital property. Similarly, intellectual property rights, stock options and professional practices may require specialized expertise to ensure an equitable division.
Marital debt and liabilities
Along with assets, debts and liabilities accumulated during the marriage must be addressed. These include mortgages, credit card debt, student loans and other financial obligations. Determining the responsibility for each debt and how it will be allocated between the spouses is essential.
Negotiation, mediation and litigation
Many couples opt for negotiation or mediation to reach a mutually acceptable agreement, giving them more control over the outcome. Mediation involves working with a neutral third party to facilitate discussions and find common ground. However, litigation may be necessary if an agreement cannot be reached, and a court will make the final decision regarding property division.
Future planning and tax implications
Future planning includes assessing the potential tax consequences associated with certain assets, such as capital gains tax or tax implications of retirement account distributions. Making informed decisions that align with your future financial goals will help you avoid costly mistakes.
Keeping asset division fair for both parties
By approaching property division with fairness, open communication, and a focus on long-term well-being, couples can strive to achieve a resolution that meets their needs and sets the stage for a stable future. When possible, it is preferable to reach a mutually-acceptable arrangement rather than end up in a contentious dispute.
