Financial

Property Division Laws in Washington

Learn how marital assets are divided in Washington — community property or equitable distribution. Washington is a community property state.

Property Type

Community

Filing Fee

$280–$350

Median Cost

$11,000–$45,000

Annual Divorces

28,000+

Understanding Property Division in Washington

Washington is a community property state. Marital assets acquired during the marriage are presumed to belong equally to both spouses. In most cases, the court will divide community property 50/50.

The median cost of an uncontested divorce in Washington is approximately $11,000. Contested divorces involving significant financial disputes average $45,000. These figures include attorney fees, filing fees ($280–$350), and related costs.

Under RCW §26.09.030, Washington courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

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Common Questions

How long do you have to live in Washington to file for divorce?
Washington requires None (must be resident) of residency before you can file for divorce. RCW §26.09.030 governs the filing requirements.
Is Washington a community property or equitable distribution state?
Washington follows community property rules, meaning marital assets are generally split 50/50.
How much does a divorce cost in Washington?
Filing fees in Washington range from $280–$350. The median total cost is approximately $11,000 for uncontested divorces and $45,000 for contested cases.
How long does a divorce take in Washington?
Washington has a mandatory waiting period of 90 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Washington?
Washington uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about property division in Washington and is not legal advice. Verify current statutes with RCW §26.09.030 or consult a licensed Washington attorney. Last reviewed March 2026.