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Cases of Interest: Washington
© National Legal Research Group, Inc.
Agreements (full category)
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WASHINGTON: In re Marriage of Gillespie, ___ Wash. App. ___, 948 P.2d 1338 (1997).
Payments to the husband pursuant to a noncompetition agreement were his separate property because they represented payment for his premarital property.
Read More About This CaseAttorney's Fees (full category)
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WASHINGTON: In re Marriage of Sievers, 78 Wash. App. 287, 897 P.2d 388 (1995).
The husband's effort to draft formal contract language that would impose additional tax liability on the wife, contrary to the intent of the parties' property settlement memorandum, justified an award of attorney's fees to the wife.
Read More About This CaseClassification of Assets (full category)
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WASHINGTON: In re Marriage of Zahm, ___ Wash. 2d ___, 978 P.2d 498 (1999).
The parties' marital home was community property, where the husband and wife split the down payment equally and both signed a promissory note for a loan to pay the purchase price.
Read More About This CaseWASHINGTON: In re Marriage of Pearson-Maines, ___ Wash. App. ___, 855 P.2d 1210 (1992).
Wife sufficiently traced the use of her separate funds in parties' joint bank account to improve real property she acquired before marriage; community interest in that real property attributable to husband's labor was properly measured by resulting increase in value of property and not by the value of his labor.
Read More About This CaseWASHINGTON: Pletz v. Pletz, ___ Wash. App. 2d ___, 861 P.2d 1081 (1993).
Postseparation lottery winnings were the wife's separate property because the couple's marriage had become "defunct."
Read More About This CaseWASHINGTON: Dugan-Gaunt v. Gaunt, ___ Wash. App. ___, 915 P.2d 541 (1996).
A state statute prohibiting the transfer of workers' compensation benefits precludes a court from ordering a spouse to pay over workers' compensation benefits pursuant to a property distribution agreement.
Read More About This CaseWASHINGTON: In re Marriage of Harrington, ___ Wash. App. ___, 929 P.2d 1159 (1997).
The parties' right to acquire stock in a car dealership at a discount was a community asset.
Read More About This CaseWASHINGTON: In re Marriage of Gillespie, ___ Wash. App. ___, 948 P.2d 1338 (1997).
Payments to the husband pursuant to a noncompetition agreement were his separate property because they represented payment for his premarital property.
Read More About This CaseWASHINGTON: Brewer v. Brewer, 137 Wash. 2d 756, 976 P.2d 102 (1999).
Monthly payments to a permanently disabled spouse under a private disability insurance policy after the dissolution of the marriage constitute separate property, even though the policy was acquired during the marriage and the premiums were paid from community funds.
Read More About This CaseDisability Benefits (full category)
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WASHINGTON: In re Marriage of Brewer, 89 Wash. App. 425, 949 P.2d 404 (1998).
The husband's private insurance disability benefits were community property, but it would be equitable to award the payments entirely to the husband.
Read More About This CaseWASHINGTON: Brewer v. Brewer, 137 Wash. 2d 756, 976 P.2d 102 (1999).
Monthly payments to a permanently disabled spouse under a private disability insurance policy after the dissolution of the marriage constitute separate property, even though the policy was acquired during the marriage and the premiums were paid from community funds.
Read More About This CaseWASHINGTON: In re Marriage of Brewer, ___ Wash. App. ___, 949 P.2d 404 (1998).
The husband's postdissolution payments from private disability insurance policies were community property because the community paid the premiums.
Read More About This CaseDissipation of Assets (full category)
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WASHINGTON: In re Marriage of Williams, ___ Wash. App. ___, 927 P.2d 679 (1996).
Classifying the wife's gambling debts as community liabilities rather than characterizing them as dissipation was not an abuse of discretion.
Read More About This CaseDivision of Property (full category)
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WASHINGTON: Barlow v. Barlow, No. 25408-5-II (Wash. Ct. App. Aug. 17, 2001).
The husband appealed the trial court's property division, contending that the trial court improperly focused on the couple's past losses when dividing the assets and that the division was not fair and equitable.
Read More About This CaseWASHINGTON: Dugan-Gaunt v. Gaunt, ___ Wash. App. ___, 915 P.2d 541 (1996).
A state statute prohibiting the transfer of workers' compensation benefits precludes a court from ordering a spouse to pay over workers' compensation benefits pursuant to a property distribution agreement.
Read More About This CaseFactors in Award (full category)
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WASHINGTON: In re Marriage of Zahm, ___ Wash. App. ___, 955 P.2d 412 (1998).
A spouse's Social Security benefits are the separate property of that spouse, but at least when such benefits are currently being received they may be considered as a factor for the purpose of dividing property or awarding maintenance.
Read More About This CaseFederal Preemption (full category)
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WASHINGTON: In re Marriage of Zahm, ___ Wash. App. ___, 955 P.2d 412 (1998).
A spouse's Social Security benefits are the separate property of that spouse, but at least when such benefits are currently being received they may be considered as a factor for the purpose of dividing property or awarding maintenance.
Read More About This CaseGifts (full category)
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WASHINGTON: In re Marriage of White, No. 23917-5-II (Wash. Ct. App. Mar. 28, 2001).
The court held that the trial court had mischaracterized property.
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Income (full category)
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WASHINGTON: In re Marriage of Zahm, ___ Wash. App. ___, 955 P.2d 412 (1998).
A spouse's Social Security benefits are the separate property of that spouse, but at least when such benefits are currently being received they may be considered as a factor for the purpose of dividing property or awarding maintenance.
Read More About This CaseWASHINGTON: In re Marriage of Stenshoel, ___ Wash. App. ___, 866 P.2d 635 (1993).
Property settlement payments do not constitute income for the purpose of calculating child support.
Read More About This CaseJurisdiction (full category)
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WASHINGTON: In re Marriage of Peck, ___ Wash. App. ___, 920 P.2d 236 (1996).
Personal jurisdiction could not be exercised in Washington over the nonresident husband for the purpose of resolving marital property issues merely because he had paid child support for a period of time to the wife in Washington and had ceased paying child support after the wife commenced a dissolution proceeding.
Read More About This CaseMilitary Benefits (full category)
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WASHINGTON: Greene v. Greene, ___ Wash. App. ___, 986 P.2d 144 (1999).
The trial court erroneously awarded the wife percentage increases in the husband's military pension attributable solely to the husband's additional service.
Read More About This CaseWASHINGTON: In re Marriage of Jennings, ___ Wash. 2d ___, 980 P.2d 1248 (1999).
The reduction of the husband's military retirement benefits was an extraordinary circumstance justifying the reopening of the couple's dissolution decree.
Read More About This CasePensions (full category)
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WASHINGTON: MacGibbon v. MacGibbon, No. 46304-7-I, 2001.WA.0001755 (Wash. Ct. App. Dec. 10, 2001).
The husband argued that the lower court erred in valuing his pension, 401(k), IRA, and other property. The couple was married in 1979. They had six children. The husband was a pilot, who flew first for Flying Tiger Airlines and then Federal Express, after the merger of Flying Tiger and Federal Express.
Read More About This CaseWASHINGTON: In re Marriage of Moore, ___ Wash. App. ___, 993 P.2d 271 (1999).
Dissolution decree awarding one-half of the community interest in a pension to be disbursed in the future created a property interest in the pension, not a lien against the pension, such that the wife was entitled to the disbursement value of her share at the time of distribution rather than its value at the time of the decree.
Read More About This CaseWASHINGTON: Greene v. Greene, ___ Wash. App. ___, 986 P.2d 144 (1999).
The trial court erroneously awarded the wife percentage increases in the husband's military pension attributable solely to the husband's additional service.
Read More About This CaseWASHINGTON: In re Marriage of Jennings, ___ Wash. 2d ___, 980 P.2d 1248 (1999).
The reduction of the husband's military retirement benefits was an extraordinary circumstance justifying the reopening of the couple's dissolution decree.
Read More About This CasePostdecree Proceedings (full category)
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WASHINGTON: In re Marriage of Thompson, ___ Wash. App ___, 980 P.2d 1287 (1999).
The postdecree enforcement order regarding the distribution of property was challenged since the husband and the wife were unable to agree on how to put the distribution plan into effect. The court was required to determine whether the enforcement order "modified" the original property distribution plan or whether it "clarified" it.
Read More About This CaseWASHINGTON: In re Marriage of Hay, ___ Wash. App. ___, 907 P.2d 334 (1995).
If tax consequences are imminent, or arise directly from the trial court's property disposition, and the amount is not speculative, such consequences are proper to consider when valuing marital assets.
Read More About This CaseSeparation (full category)
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WASHINGTON: Pletz v. Pletz, ___ Wash. App. 2d ___, 861 P.2d 1081 (1993).
Postseparation lottery winnings were the wife's separate property because the couple's marriage had become "defunct."
Read More About This CaseSocial Security Benefits (full category)
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WASHINGTON: In re Marriage of Zahm, ___ Wash. 2d ___, 978 P.2d 498 (1999).
A spouse's Social Security benefits may not be divided in divorce proceedings but may be considered as part of the spouses' economic circumstances for the purpose of dividing other assets.
Read More About This CaseWASHINGTON: In re Marriage of Zahm, ___ Wash. App. ___, 955 P.2d 412 (1998).
A spouse's Social Security benefits are the separate property of that spouse, but at least when such benefits are currently being received they may be considered as a factor for the purpose of dividing property or awarding maintenance.
Read More About This CaseTax Consequences (full category)
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WASHINGTON: In re Marriage of Hay, ___ Wash. App. ___, 907 P.2d 334 (1995).
If tax consequences are imminent, or arise directly from the trial court's property disposition, and the amount is not speculative, such consequences are proper to consider when valuing marital assets.
Read More About This CaseValuation of Property (full category)
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WASHINGTON: In re Marriage of Moore, ___ Wash. App. ___, 993 P.2d 271 (1999).
Dissolution decree awarding one-half of the community interest in a pension to be disbursed in the future created a property interest in the pension, not a lien against the pension, such that the wife was entitled to the disbursement value of her share at the time of distribution rather than its value at the time of the decree.
Read More About This CaseWASHINGTON: In re Marriage of Jennings, ___ Wash. 2d ___, 980 P.2d 1248 (1999).
The reduction of the husband's military retirement benefits was an extraordinary circumstance justifying the reopening of the couple's dissolution decree.
Read More About This CaseWorker's Compensation (full category)
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WASHINGTON: Dugan-Gaunt v. Gaunt, ___ Wash. App. ___, 915 P.2d 541 (1996).
A state statute prohibiting the transfer of workers' compensation benefits precludes a court from ordering a spouse to pay over workers' compensation benefits pursuant to a property distribution agreement.
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