Legal Question in Family Law in Washington

legal separation

We have several investments (which my husband has handled alone) and I wanted to know if I am entitled to half of those? Also he starts drawing a small retirement in July...am I entitled to half that? Do I get half the equity in our home? Is there a timeline in which that has to occur, or will I have to simply wait for him to decide if he will sell the house or, keep his half the equity in it and refinance the remainder? He has not worked the past 4 +years (and he is not even 55 yet!). I have continued working to make the house payment,while he has just been drawing from the investments to pay the other expenses. I REALLY don't know what to do! I think after 13 years of marriage,I deserve to maintain a reasonably similar lifestyle.I only work part time so I make next to nothing compared to his potential income........he's a nuclear engineer! I just need to know what to expect might happen.


Asked on 4/25/07, 4:32 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: legal separation

Unless there is an agreement to the contrary, you have a marital community estate and you may each have separate estates. In the event of the dissolution of your marriage all property would be before the court. How it gets divided depends on its source and the relative financial situations of the parties, and the court makes a fair and equitable distribution of property and debt (what is fair and equitable is based on an analysis of several factors, and how much of one asset or liability goes to a party may be affected by allocation of other assets and debts. There may also be considerations of spousal maintenance and whether it should be paid, how much and for how long, that may affect distribution of assets and liabilities. You should consult with an attorney to get an analysis of the range of resolutions you can expect, be prepared to provide detailed information about property and income.

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Answered on 4/25/07, 5:19 pm


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