Do we have to split all of our property 50/50?

Though Washington is a community property state, community property, or property acquired during marriage, does not need to be divided equally. Washington laws provide for a "just and equitable" division of property based on a number of factors, which include:

• The nature and extent of the community property
• The nature and extent of the separate property
• The duration of the marriage
• The economic circumstances of each spouse at the time the division of property is to become effective

Marital misconduct is generally not a factor. Aside from the above factors, there are numerous other factors, including allocation and assumption of community and separate debts, and the amount and duration of maintenance (if any) proposed, that are part of an overall property settlement analysis.