Divorce for Women in Washington State: What You Need to Know

For women facing divorce in Washington State, the legal process can feel overwhelming. Whether you're leaving a long-term marriage, rebuilding after years as a stay-at-home parent, or concerned about your personal safety, it’s essential to understand how Washington law protects your rights throughout every stage of the divorce process.

Divorce can affect every area of your life, including your finances, your housing, your role as a mother, and your long-term security. Washington law is written to be gender-neutral, but many legal protections are designed to account for economic disparity, caregiving responsibilities, and personal safety issues that disproportionately affect women.

This guide is specifically designed for women dealing with serious divorce and family law issues. If you have questions, speak with a qualified lawyer about your situation.

Property and Asset Division Must Be Equitable, Not Just Equal
Washington is a community property state. This means that, in most cases, all income, assets, and debts acquired during the marriage are considered jointly owned. But “equal” does not always mean “fair.” Courts are required to divide property in a way that considers the full context of your marriage.

As stated in RCW 26.09.080:
“…the court shall, without regard to misconduct, make such disposition of the property and the liabilities, either community or separate, as shall appear just and equitable after considering all relevant factors…”

These factors include the length of the marriage, the economic circumstances of each spouse, and whether one party may be disadvantaged without a larger share of the property.

Spousal Support Is Based on Financial Need and Future Earning Capacity
Many women leave the workforce to raise children or support a spouse’s career. If your income is lower, or if you need time and education to become self-supporting, the court may award spousal maintenance (alimony).

Under RCW 26.09.090(1):
“The court may grant a maintenance order for either spouse or either domestic partner… in such amounts and for such periods of time as the court deems just…”

The court considers factors such as the standard of living during the marriage, your financial resources, and how long it will take for you to become financially independent.

Child Custody Is Based on the Best Interests of the Child, Not Gender
If you are a mother seeking primary residential placement or shared custody, Washington law does not favor one parent over the other based on gender. Courts focus solely on the child’s emotional and physical well-being.

Per RCW 26.09.002:
“The best interests of the child are served by a parenting arrangement that best maintains a child’s emotional growth, health and stability, and physical care.”

Your history as the primary caregiver, your involvement in daily routines, and your ability to support your child’s relationship with the other parent will be evaluated—not your gender alone.

Legal Protections Are in Place for Domestic Violence Survivors
If safety is a concern, the court can issue protection orders and limit contact between you and your spouse during the divorce. These legal tools are designed to ensure that you and your children remain protected as your case moves forward.

1. How will child custody and parenting time be determined, and how can I ensure my children's best interests are protected?
In Washington, custody is determined through a parenting plan, not through traditional “custody” labels. The court focuses entirely on what supports your child’s health, stability, and emotional growth—not the gender of the parent. If you have been the child’s primary caregiver or have a consistent parenting role, the court will weigh that heavily.

Under RCW 26.09.002:
“Parents have the responsibility to make decisions and perform other parental functions necessary for the care and growth of their minor children.”

To protect your children’s interests, document your caregiving history, maintain consistent routines, and show a willingness to support a healthy relationship between your children and their other parent.

Helpful resource: Washington Law Help – Parenting Plans

2. Am I entitled to spousal support (alimony), and how will it be calculated?
Spousal support—called spousal maintenance in Washington—is not automatic, but it may be granted if you demonstrate financial need. The court considers factors such as the length of your marriage, your standard of living, your income, your job skills, and how long it will take for you to become financially independent.

According to RCW 26.09.090(1):
“In a proceeding for dissolution of marriage… the court may grant a maintenance order for either spouse or either domestic partner.”

Support may be temporary, long-term, or rehabilitative depending on your situation. If you’ve spent years out of the workforce raising children or supporting your spouse’s career, you may have a strong case for maintenance.

Helpful resource: Washington Law Help – Divorce/Separation

3. How will our assets and debts be divided, and how can I protect my financial future?
Washington is a community property state, which means that most assets and debts acquired during the marriage are presumed to be jointly owned. This includes income, retirement accounts, real estate, and even credit card debt.

Per RCW 26.09.080:
“…the court shall… make such disposition of the property and the liabilities… as shall appear just and equitable after considering all relevant factors…”

To protect your financial future, gather detailed financial records, identify separate property (if applicable), and ensure that the division accounts for your long-term needs and earning capacity.

Helpful resource: Washington Law Help – Property and Debt Division

4. What are my rights if I've experienced domestic violence or abuse, and how can I ensure my safety and my children's safety?
If you or your children are at risk of harm, you can request a Domestic Violence Protection Order (DVPO). This civil court order can prevent your spouse from contacting or coming near you, your home, or your children. Courts take these matters seriously and will prioritize safety when considering parenting arrangements.

Under RCW 26.50.060, a court may issue an order restraining the respondent from committing acts of domestic violence, from contacting the petitioner, or from going to the petitioner’s residence, school, or place of employment.

You can request these protections even before filing for divorce, and they can be incorporated into your case.

Helpful resource: Washington State Coalition Against Domestic Violence – Get Help

5. How can I ensure fair child support payments, and how can I enforce a child support order if necessary?
Washington uses a standardized formula to calculate child support, based on each parent's income and the parenting plan. The court can also require contributions to medical, daycare, and education expenses. If your ex isn’t paying, you can take legal action to enforce the order through the Division of Child Support (DCS).

Support enforcement tools include wage garnishment, license suspension, tax refund interception, and court action.

Helpful resource: Washington State DCS – Child Support Services

At the Law Offices of Jason S. Newcombe, we help women across Washington State navigate divorce with clarity, confidence, and a strong legal foundation. Whether you're seeking a fair property settlement, pursuing spousal support, securing a parenting plan, or protecting your safety, we are here to advocate for what matters most to you.

Our team brings more than 50 years of combined experience in Washington divorce and family law. We understand the unique challenges women face, especially those balancing caregiving responsibilities, financial uncertainty, or a history of abuse. We work quickly to protect your rights and build a strategy that supports your future.

Schedule your free consultation today and take the first step toward protecting your children, your financial security, and your peace of mind.