Which Assets Are Protected From Division in a Divorce?

Divorce shakes both the heart and the wallet. While emotions run high, the thought of splitting every penny can feel even heavier.

At Jackman Law Firm, we have stood beside Seattle families since 2014, guiding them through the maze of property division with steady hands.

This article looks at the assets that are usually off-limits in a divorce and explains why some items stay with one spouse while others land on the bargaining table.

Assets Generally Considered Separate Property

Washington calls itself a community property state, yet not everything you own together actually gets split. The items below often stay with the spouse who brought them in or received them alone after the wedding.

Property Owned Before the Marriage

Anything you bought or inherited before saying “I do” normally remains yours. Think of a condo you purchased after college, an old truck in your name, or a savings account you opened years ago.

Gifts and Inheritances

Presents or inheritances given to one spouse are usually separate. A ring passed down from your grandmother or a cash gift for your birthday fits here. If Aunt Rose sent a vacation package addressed to both of you, though, that may fall into community property.

Personal Injury Settlements

Money meant to ease pain and suffering after an accident is typically separate. By contrast, funds that replace wages you lost during the marriage, or that repay shared medical bills, often become community property.

Assets Designated as Separate in an Agreement

A valid prenuptial or postnuptial contract can keep certain items out of the marital pot. Courts in Washington respect well-drafted agreements so long as each spouse signed with full knowledge and no coercion.

Even with these rules, lines sometimes blur. That brings us to moments when a separate item can slip into the community bucket.

When Separate Property Can Be Divided

Washington courts aim for a “just and equitable” split. Under that standard, separate property can move across the aisle in three main situations.

Commingling

Commingling happens when separate and community funds mix so tightly that no one can untangle them. For example, if you deposit inheritance money into a joint checking account and then pay everyday bills from that pool, a judge may treat the entire account as community property.

Transmutation

Transmutation involves intent. If you add your spouse’s name to the deed of a home you owned before marriage or pour separate funds into a shared account on purpose, you might have changed that asset into community property.

The “Just and Equitable” Standard

RCW 26.09.080 requires courts to divide everything fairly. In a long marriage where one spouse sacrificed a career or health, a judge may award some separate property to the lesser-earning spouse to balance out future security.

Smart planning can lower the odds of losing separate assets. Let’s look at how to do that.

Protecting Your Separate Assets

You do not need a magic wand to guard property that is yours alone. Simple habits make a big difference:

• Keep separate bank and investment accounts for premarital or inherited funds.
• Store paperwork that traces where money came from and how it was used.
• Avoid mixing separate and community funds in one account.
• Use a prenuptial or postnuptial agreement to spell out ownership lines in plain language.

Following these steps provides clear evidence if questions arise later.

How the Length of the Marriage Affects Asset Division

Time together matters. A brief marriage often leads the court to put each spouse back where they started. A decades-long union can result in a nearly even split of all property, even pieces once labeled separate.

This table shows how the same asset can be treated differently depending on the span of the marriage.

Need Assistance with Asset Division in Your Divorce? Contact Jackman Law Firm

Our team has focused on family law since 2014, and we work every day to secure fair property outcomes for Seattle clients. If you are worried about protecting what you earned or inherited, call us at 206-558-5555 or visit our Contact Us page. We welcome your questions and can set up a meeting to review your situation. Let’s talk about keeping the assets that matter most to you.