In Washington State, most property acquired after the marriage is considered community property. There are, however, importance exceptions, such as inheritances, personal injury lawsuits and some kinds of gifts. Property obtained prior to a marriage is typically considered separate property.

These seemingly simple concepts, however, can often be subject to interpretation and often require an attorney who is familiar with the legal intricacies of Washington divorce law to ensure your property and assets are fairly divided. Equally importantly, and often misunderstood, is the fact that all property, whether community or separate, is before the court and CAN be divided as the court deems fair and just.

This can be particularly confusing in certain instances. For example, let’s say that one party owns a house with a hundred thousand dollars of equity in it at the time of marriage. The house appreciates another $200,000 while the parties are married. But the parties also refinance the house while they are married and take out $100,000 dollars in equity. At the time the parties decide to divorce, therefore, there is $200,000 in total equity left in the house. Obviously, the question then becomes how is this $200,000 characterized under Washington State’s divorce and property laws. As with many issues, it depends. As another example, let’s say that when a couple marries, a party has approximately, $50,000 in a 401K or a retirement account. And, at the time of divorce, this account is worth $200,000. How is this asset valued? Again, it depends on several factors such as what contributions were made to the account during the marriage, the length of the marriage itself and whether or not the account was ever borrowed against. Complicated assets, tracing issues, such as the source of funds used to acquire the assets, business interests, professional practices, retirement plan benefits, and personal investments are all issues that can arise in the context of dividing property during divorce proceedings. At the Law Offices of David M. Lux, we approach and address each of these determinations with the utmost care. It can often be absolutely critical to properly value businesses, pensions, residential and commercial real estate, household furnishings, and jewelry. It is also important to consider any and all tax implications when reaching a final settlement. For example, some assets, such as investment accounts will be taxed very differently from real or personal property when sold. Our firm has years of experience in handling large and complex marital property divisions. In addition, we know and understand how to properly employ various valuation experts when necessary, and we will utilize these experts in a manner that is most beneficial to your case.

Washington State primary law regarding the disposition of property and liabilites is RCW 26.09.080, which can be found below.

RCW 26.09.080

Disposition of property and liabilities — Factors.

In a proceeding for dissolution of the marriage, legal separation, declaration of invalidity, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:

(1) The nature and extent of the community property;

(2) The nature and extent of the separate property;

(3) The duration of the marriage; and

(4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.

[1989 c 375 § 5; 1973 1st ex.s. c 157 § 8.]

As you can see, and as discussed throughout this site, the law itself provides only guidance, no set formula. Additionally, it is important to note that RCW 26.09.080 must be read in conjunction with a number of other divorce statutes.

At the Law Offices of David M. Lux., our experience with high asset divorce matters can help you achieve a favorable resolution if your case involves disputed property division issues.  Among the problems we can assist you negotiating or litigating are those involving the following:

1. Valuation or appraisal of closely held family corporation or business interests
   
2. Valuation of investment real estate
   
3. Valuation of life insurance policies (Cash Value)
4. Claims involving separate property that one party brought into the marriage
   
5. Claims concerning the separate nature of particular assets, such as gifts, personal injury settlement proceeds, or property that is inherited
   
6. Issues involving executive compensation and retirement packages, including pension benefits, defined benefit plan valuations and QDRO issues
7. Questions concerning the marital asset value of a professional practice or license
8. Questions involving the enforceability of prenuptial or postnuptial agreements

When necessary we work closely with a number of experts in order to ensure that your rights are protected.  We employ forensic accountants, tax professionals, and financial consultants in order to properly value and present an accurate and comprehensive view of the present value of the marital estate.When required, we will also engage investigators to trace hidden assets or substantial marital asset transfers that reflect an intention to defeat your interests through improper divorce planning.  When family business interests are at stake, we will fight to preserve your rightful share.  For example, if necessary, we will apply to the court for an injunction or other protection in order to make sure that the value of the business is not manipulated to your disadvantage while the divorce is pending.  Alternatively, if you are the primary steward of the business, we will ensure that you are allowed to maintain control and run it properly.
In many cases, particularly in divorcing spouses who have been married more than ten or fifteen years, property division issues can be negotiated and resolved at the same time spousal maintenance questions are addressed.  Often, careful planning and attention to the interplay between property division, tax consequences, and spousal support (alimony) can be leveraged to the advantage of both parties.
For more information about our ability to provide sophisticated and resourceful client service in a complex asset divorce case, contact the Seattle and Washington State divorce attorneys at the Law Offices of David M. Lux.

King County Divorce Attorneys

The Law Offices of David M. Lux

600 First Avenue, Suite #435, Seattle, WA 98104

Call now to learn more about your options.

(206) 624-3644

(425) 455-2040

(253) 852-1661

Helping clients envision a new life for themselves and their families after divorce

At Seattle Divorce Lawyer, one of our primary objectives is to assist our clients in building a bridge to their new post-divorce life. We work with clients in a number of ways to help them achieve this goal. The first and probably most important way is simply by listening them during our initial consultation and throughout their case. Many divorce attorneys seem to feel that they know what is best for their clients.

At Seattle Divorce Lawyer, we see things differently. Rather than push our client in any direction, we start by trying to understand what they want their life to look like once they are divorced. We then look at the variables involved in their case and undertake a strategy specifically designed to facilitate a resolution which meets that individual client’s particular needs.

In doing so, we work to achieve a set of solutions uniquely tailored to each client that simultaneously protects their rights and interests, as well as those of their family and their children. Over the last ten years, our attorneys have helped hundreds of clients through the difficult and emotional process of divorce.

Our King County offices are conveniently located in heart of Downtown Seattle in Pioneer Square.

The Old Pioneer Building is located at the corner of James and Yessler.

Street parking is often available. If you are unable to find any, however, you can always park in the Butler Garage, which is located immediately to the East of our building on James Street.

We handle all King County divorce and family law matters.

Our experienced divorce and family attorneys handle all King County cases, regardless of where you live.  If you need help with any of the following, please give us a call to discuss your case in more detail.

• All King County Divorce Matters
• All King County Family Law Matters
• King County Child Custody Cases
• King County Parenting Plan Modification Cases
• King County Child Support Cases
• King County Child Support Modification Matters
• King County Spousal Support (maintenance/alimony) Matters
• King County Legal Separation Matters
• King County Paternity Cases
• King County Child Visitation Rights Matters
• King County Modification and Enforcement of All Court Orders
• King County Contempt Proceedings
• King County Prenuptial Agreement Matters
• King County Collaborative Divorce Cases
• Large Marital Estate Cases
• Complex Property and Business Evaluation Cases

The lawyers and attorneys at Law Offices of David M. Lux provide divorce and family law representation to clients throughout King County, Washington.  Our offices are located less than two blocks from the King County Courthouse in downtown Seattle.  We serve all of King County including Seattle, Bellevue, Shoreline, Ballard, Kent, Renton and Auburn. King County family law attorney handling all divorce and family matters including child custody, child support, parenting plans, spousal support (alimony/maintenance), property division, modifications and enforcement of orders.

David Lux graduated from University of Delaware with honors in 1990, with a Bachelors of Arts degree.  He graduated from Capital University Law School in Columbus Ohio in 1994, earning his Juris Doctorate degree.  While at Capital University Law School, David was on Dean’s List.

David is a caring and compassionate attorney who enjoys his work and takes pride in helping you on your journey to a new start.  You can count on him to give your case the personal attention it deserves.  If you questions about your legal rights and options under our divorce laws, we encourage you to all our offices and speak with one of Seattle divorce attorneys at the office. Please call 206-624-3644 and or email David@seattledivorceattorneys.com.

David handles all King County divorce and family law matters.

Our experienced divorce and family attorneys handle all King County cases, regardless of where you live.  If you need help with any of the following, please give us a call to discuss your case in more detail.

• All King County Divorce Matters
• All King County Family Law Matters
• King County Child Custody Cases
• King County Parenting Plan Modification Cases
• King County Child Support Cases
• King County Child Support Modification Matters
• King County Spousal Support (maintenance/alimony) Matters
• King County Legal Separation Matters
• King County Paternity Cases
• King County Child Visitation Rights Matters
• King County Modification and Enforcement of All Court Orders
• King County Contempt Proceedings
• King County Prenuptial Agreement Matters
• King County Collaborative Divorce Cases
• Large Marital Estate Cases
• Complex Property and Business Evaluation Cases

The lawyers and attorneys at Law Offices of David M. Lux provide divorce and family law representation to clients throughout King County, Washington.  Our offices are located less than two blocks from the King County Courthouse in downtown Seattle.  We serve all of King County including Seattle, Bellevue, Shoreline, Ballard, Kent, Renton and Auburn. King County family law attorney handling all divorce and family matters including child custody, child support, parenting plans, spousal support (alimony/maintenance), property division, modifications and enforcement of orders.

Testimonial - “Thank you so much for everything.  Your Seattle divorce attorneys are the best!  You took the time to really understand my situation and my goals.  From the very onset, I knew that you cared about me and my case.  You did an amazing job, and I couldn’t be more thrilled with the final results.  Thank you again!” Eva S.

Caring, yet compassionate, and Aggressive Representation is what your paying for, and its WHAT YOU GET!

The law’s regarding divorce in  Washington State are very complex and to be honest quite confusing.  They’re also often very frustrating and counter-intuitive.

Our divorce lawyers are here to provide consistently vigorous legal representation, pushing your case forward to bring you closer to your goals.  The best Seattle divorce attorneys often first encourage negotiation, where possible, because polite settlement of issues can reduce the stress of divorce and often provides the best legal result for you and your family, and that in itself is important.  Where attempts at a reasonable settlement agreement fail, however, our Seattle divorce attorneys are ready to forcefully pursue your legal divorce rights through divorce court litigation. This is what we are here for, and this is what we do.

David Lux is with you every step of the way, even after your divorce is completed.  Either David, and or other attorneys from our firm will gladly provide help with this third critical component because we are in this for the long haul. It’s what we do. Its our reputation. We want to make sure that you accomplish your personal goals after divorce and we want to make sure you get what your entitled too. All of it.

Our Seattle divorce attorneys will continue to assist you with everything from rolling over retirement accounts, to ensuring that property is properly transferred correctly and quickly, to modifying a parenting plan or order of support when changed circumstances call for different visitation arrangements for your spouse.  And, we will also assist you in finding the other post-divorce resources you need, too, from realtors to child psychologists.

We understand the truth about Divorce. Its a devastating life event that affects the whole family.

The decision to pursue a divorce is nearly always a difficult one, and maybe you have thought this through many times to get to this step and this is especially true if children are involved.  It is very personal decision that almost always results in conflicting emotions and psychological stress.  We have been here so many times with clients, we know the way this works. The process itself can be incredibly draining not only emotionally and psychologically, but physically as well.  Our law firm is here to ensure that these impacts are limited as much as possible, and that the rights of you and your children are protected.

We fully understand that the problems you are asking us to solve are among the most important and the most challenging that you will ever face, perhaps in your entire life.  Our firm understand that the issues now confronting you are difficult, complex, and emotionally charged.

If you have questions about the following issues, we can help.

● Washington State Divorce Law
● Child Custody – Parenting Plans
● Child Support
● Temporary Support
● Spousal Support
● Maintenance (Alimony)
● Property Division

In addition to acting as an advocate and a adviser to our clients, our attorneys understand the pressure felt by those involved in the divorce process.  We work hard to address your personal concerns and to assist you in setting and reaching attainable goals for your life after divorce.

Every case is unique and deserves personal attention.

We pride ourselves on achieving superior results under the most difficult of circumstances.  No attorney can ever guarantee a specific outcome, particularly in a divorce or complex family law matter.  What we can guarantee, however, is that we will utilize our collective skills and experience to effectuate the goals and objectives that you have told us are most important to you.Over the years, we have learned that one size does not fit all.  Every case and every client presents a new and unique set of circumstances.  Everyone’s life is different.  That is part of what makes practicing Washington divorce and family law so unique.  And, in addition to being able to help people in times of need and crisis, this is part of why we were drawn to the practice of family law..
The attorneys at the Law Offices of David M. Lux will vigorously pursue your interests.  This is what drives us in our representation.  Your goals are our goals and we really mean that.  Call 206-624-3644 today and or email David@seattledivorceattorneys.com for private, one on one consultation.

Seattle Divorce Lawyers

The Law Offices of David M Lux

600 First Avenue, Suite #435
Seattle, WA 98104

Call now to learn more about your rights and options.

(206) 624-3644

(425) 455-2040

(253) 852-1661

The Law Offices of David M Lux provides divorce and family law services to clients throughout King County and Washington State.  Our experienced and affordable divorce attorneys handle all contested and uncontested divorce matters for clients located in Seattle, Bellevue, Kirkland, Auburn, Kent, Renton, Tukwila, Federal Way, Shoreline, Burien, Des Moines.  Our Seattle family law attorneys handle all dissolution, child custody, child support, paternity, parenting plan, modification and enforcement of existing orders, legal separation, and spousal maintenance matters.