Legal Question in Family Law in Washington
marital
if washington state is a fifty fifty state regarding being in a marriage,then why is it fair for one spouse to have access to the one and only income in the marrriage and everytime the other one tries to obtain access the other stops it one way or another. how is that? is it only fifty fifty when the marriage is up for divorce and then? could i please get the real deal facts please? i am talking in general here. not if one had this or that prior or the obvious, like inheritance etc.
1 Answer from Attorneys
Re: marital
The courts only get involved in distribution of property or setting spousal maintenance if their is a petition for dissolution or separation filed. You misunderdstand the meaning of community property (it does not mean 50/50 division. Property (not income) is allocted in a fair and equitable manner by the court. Income may affect spousal maintenance, but the party seeking it needs to prove need on their part and ability to pay on the part of the other spouse.