Washington Marital Settlement Agreement
A Washington marital settlement agreement lets divorcing spouses divide their property and debts, set maintenance, and address custody and child support, then have those terms set forth in or incorporated into the divorce decree. Attorney review available.
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Introduction
In Washington a written separation contract like a marital settlement agreement binds the divorce court unless the court finds it was unfair when signed, and it is the document divorcing spouses use to settle how their property, debts, maintenance, and (by reference) custody and child support will be handled, so the terms can be set forth in or incorporated into the decree that ends the marriage. Washington is a community property state: property acquired during the marriage is generally community property (RCW 26.16.030). But Washington does not order a strict 50/50 split. On dissolution the court divides all property and liabilities of the parties, community or separate, in whatever way is just and equitable after weighing the factors in RCW 26.09.080, which is often but not always an equal division. Washington calls spousal support maintenance, and there is no statewide formula, percentage, or fixed duration; the court sets the amount and period it deems just after considering the factors in RCW 26.09.090. In Washington a written separation contract like this one is binding on the court unless the court finds it was unfair when signed, and then it is set forth in or incorporated into the decree (RCW 26.09.070). Custody, the parenting plan, and child support stay subject to court approval, follow the Washington State Child Support Schedule (RCW 26.19.020), and remain modifiable, so an agreement cannot bargain them away. No decree is entered until at least ninety days have passed from filing and service (RCW 26.09.030). DocDraft builds your Washington marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Washington no decree of dissolution is entered until at least ninety days after the petition is filed and the summons served (RCW 26.09.030), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, maintenance, and by reference custody and child support, so those terms can be set forth in or incorporated into the decree that ends the marriage.
- 2
Washington is a community property state: property acquired during the marriage is generally community property (RCW 26.16.030), while property owned before the marriage or received by gift or inheritance is usually separate property.
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Washington does not order a strict 50/50 split. On dissolution the court divides all property and liabilities, community or separate, as is just and equitable after weighing the factors in RCW 26.09.080, including the nature and extent of the community and separate property, the length of the marriage, and each spouse's economic circumstances. A just and equitable division is often but not always equal.
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Washington calls spousal support maintenance. There is no statewide formula, percentage, or fixed duration. The court grants maintenance in the amounts and for the periods it deems just after considering the RCW 26.09.090 factors, such as each spouse's financial resources, the time needed to gain training, the standard of living during the marriage, the length of the marriage, and the paying spouse's ability to pay.
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In Washington a written separation contract is binding on the court unless the court finds it was unfair at the time it was signed (RCW 26.09.070). A Washington marital settlement agreement is that written contract, so a fair, fully-disclosed agreement is generally honored.
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Custody, the parenting plan, and child support cannot be bargained away. Child support follows the Washington State Child Support Schedule and its presumptive economic table (RCW 26.19.020), custody and support stay subject to court approval, and the parenting plan terms must be set out in the decree and remain modifiable in the best interests of the children.
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Once the court is satisfied the agreement is fair, it is set forth in or incorporated into the decree of dissolution (RCW 26.09.070). No decree is entered until at least ninety days have passed from the date the petition was filed and the summons served (RCW 26.09.030).
Key decisions before you file
Before you file a Marital Settlement Agreement in Washington, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Washington Requirements for Marital Settlement Agreement
Community Property State
Washington is a community property state. Property acquired during the marriage is generally community property (RCW 26.16.030), while property owned before the marriage or received by gift or inheritance is usually separate property.
Just and Equitable Division, Not 50/50
Washington does not order a strict 50/50 split. On dissolution the court divides all property and liabilities, community or separate, as is just and equitable after weighing the factors in RCW 26.09.080. A just and equitable division is often but not always equal, so a fair agreement can set your own division.
No Statewide Maintenance Formula
Washington calls spousal support maintenance and has no statewide formula, percentage, or fixed duration. A court sets the amount and period it deems just after weighing the factors in RCW 26.09.090, such as each spouses financial resources, the length of the marriage, and the ability to pay.
Child Support Follows the State Schedule
Child support follows the Washington State Child Support Schedule and its presumptive economic table (RCW 26.19.020), based on the parents combined monthly net income and the number of children. Child support cannot be bargained away.
Custody and Support Stay Modifiable
Custody, the parenting plan, and child support in a Washington marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Binding Unless Unfair
A Washington marital settlement agreement must be in writing to bind the court under RCW 26.09.070. Its terms, except those for custody and child support, are binding on the court unless the court finds the contract was unfair when it was signed.
Notarization Not Required by Statute
No Washington statute requires that a marital settlement agreement signed by both spouses be notarized for the court to consider it. Even so, signing before a notary can help prove the signatures are genuine and reduce later disputes.
Incorporation and 90-Day Wait
Once the court finds the agreement fair, it is set forth in or incorporated into the decree of dissolution (RCW 26.09.070), with the parenting plan terms set out in the decree. No decree is entered until at least ninety days have passed from filing and service (RCW 26.09.030).