Washington Court Of Appeals Upholds Trial Court’s Award Of Husband’s Separate Property To Wife

In In re the Marriage of Larson and Calhoun, the Washington State Court of Appeals upheld the trial Court’s award of more than $40,000,000 dollars of the husband’s separate property to the wife in a divorce action to achieve a just result.  The award of Husband’s separate property to Wife consisted of approximately $14,000,000 in Microsoft stock and $27,000,000 in cash.  In addition, the Court awarded the wife 100% of the net community estate.

RCW 29.09.080 deals with the Courts power to dispose of property and liabilities in a dissolution action:  “In a proceeding for dissolution of the marriage …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 including, but not limited to:

(1) The nature and extent of the community property;

(2) The nature and extent of the separate property;

(3) The duration of the marriage or domestic partnership; and

(4) The economic circumstances of each spouse….”

Separate property is generally defined as property acquired before the marriage, after the marriage, by gift or inheritance.  Community property is defined as property acquired during the marriage.

In the end, the husband retained assets totaling approximately $327 million, whereas the wife retained assets of approximately $181 million.

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