Why Does It Matter That Washington Is A No-Fault Divorce State?

In at-fault states, a party filing for divorce must allege that their spouse committed misconduct in the marriage leading to its demise. Washington is not one of those states.

Here, a spouse must attest that their marriage is irretrievably broken, but misconduct is irrelevant. The statute specifically states: "the court shall, without regard to 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..." RCW 26.09.080.

For example, the Court cannot consider adultery as a basis to award the innocent spouse a higher division of assets. The Court cannot consider domestic abuse as a basis to award the innocent spouse a higher division of assets.

The Court could consider evidence that a philandering spouse gave away community assets to other intimate partners because it was done without consent, it was detrimental to the community, and it was a waste of community assets. So, while adultery itself will not be considered, the impact on the community can be considered as long as there is objective evidence of it. Adultery is irrelevant. Similarly, if a domestic abuser exerted significant financial control over their spouse which included hiding or wasting community assets, that could also be considered by the Court.

It is important to note that just because a spouse behaved badly, that will not have an impact on the Court's decision. If that behavior had an impact on the nature and extent of community or separate property or will affect the economic circumstances of a party post-separation, then it is relevant for the Court to make an equitable distribution.

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