You’ve probably heard that Washington is a “community property state” – which sounds pretty straightforward, right? Half for you, half for your spouse. But Washington State adds the element of “equitable division” creating a more nuanced approached and reasoning.
It’s Not Just About 50/50
Washington considers most assets and debts acquired during marriage as community property, including your income, retirement savings, and the home you bought together. These are generally all shared. But equitable division means the court (or you and your spouse) need to look beyond simple math of 50/50. It’s not always a clean split down the middle.
The word “equitable” is ambiguous. What feels fair to you might seem completely unfair to your spouse. And when emotions are running high during divorce, that difference in perspective can become a real sticking point.
What Does Equitable Actually Look Like?
In Collaborative divorce, we think about equity as part of a bigger picture. Here are three key things to consider:
- Both spouses should be able to function independently. This means after the divorce, you both need to be able to run households and meet your basic needs. We’re not talking about identical lifestyles but rather ensuring neither person is left unable to support themselves.
- Sometimes, equal division isn’t fair when resources are very imbalanced. Sometimes, the amount of assets is so imbalanced that equitable division might mean providing one person with more assets or support so they can eventually become truly independent. I had a client recently who inherited a substantial trust fund – money that remained their separate property throughout the marriage. Their spouse, however, had no resources outside of what they’d built together as a couple. In this case, they didn’t split the community property 50/50. They agreed it was equitable that the spouse without the inheritance receive a larger share of the community assets. Why? Because dividing everything equally would have left one person with millions and the other with just their half of the marital assets, which would not have been sufficient to create a secure foundation for them after the divorce. That wouldn’t have been equitable at all – it would have created a massive imbalance in their ability to move forward securely.
- Think about how this looks through your children’s eyes. Kids shouldn’t experience drastically different living situations between households. We’re not saying both homes need to be identical, but children should have access to similar types of food, entertainment, and living environments in both places.
Financial Equity Is Also About Emotional Safety
Here’s something that might surprise you: equitable division is also about emotional safety. Picture this scenario – one spouse ends up in a basement apartment while the other lives in a lakefront mansion. That’s not just unfair; it can actually damage your children’s relationship with both parents. The child might feel terrible that one parent is struggling, which can create resentment toward the parent who’s doing better.
An equitable outcome allows both spouses to feel grounded and stable moving into the future, feeling more secure in their new circumstances. This sense of security creates more goodwill between divorcing partners, leading to an easier divorce process and a much better possibility of maintaining a good post-divorce relationship – which is especially important when children are involved.
Getting the Support, You Need
The ambiguity of “equitable” can feel frustrating when you’re looking for clear direction during an already confusing time. That’s exactly why having a strong support team matters so much. Whether it’s a Collaborative law attorney, mediator, or divorce coach, these professionals can help you step back and see the bigger picture of what equitable looks like for your specific situation.
The Bottom Line on Equitable Division
Remember, equitable doesn’t mean identical – it means fair, functional, and focused on helping everyone move forward successfully. In Collaborative divorce, we’re all working together to find that sweet spot where everyone can thrive in their new chapter. Equitable outcomes create stability and security for both spouses, which in turn fosters goodwill and better relationships moving forward. This really reinforces the Collaborative approach and shows how fairness in financial matters supports better outcomes for the entire family, not just in the moment but for years to come.
Ariella Shuster, JD
Ariella Shuster Esq. is the lead attorney at Dignified Divorce. She is bar-certified in New York and Washington State, and a certified life coach, specializing in Collaborative Law and Mediation. She is also the author of "Divorce with Dignity" and a speaker on peaceful divorce resolution.
