First, while the divorce is pending, in most all cases, a party is PROHIBITED from taking the other party off of any insurance policies--including your auto insurance..
Your attorney (or you, if you are unrepresented) may wish to file a Motion to Show Cause why your husband should not be held in contempt of court for taking you off the insurance without your agreement or even knowledge.
Depending upon your financial situation, the judge MAY make you pay a portion of the insurance, but he is NOT able to take you off of the policy without your agreement and/or knowledge. If he makes twice the amount of money as you, you can ask the judge to keep the status quo as far as his payment of the insurance until the divorce is finalized. As far as your sons from a previous relationship, he MAY be able to cancel their insurance, but not without your knowledge. But, that is up to the judge to decide.
In Washington State, all property acquired during the marriage is generally deemed community property and must be divided equally at divorce. This includes real estate, spouse’s earnings, pension benefits and 401(k) contributions. Similarly, all debts incurred during the marriage are considered community debts and responsibility of paying them are again shared equally by both spouses.
Washington Courts will not necessarily divide the property equally among divorcing spouses if there is a trial. The following factors will be considered in determining division of property:
- Type and value of community property
The marital home is often the most valuable community property in question. The court will likely award the family home to the residential parent or the parent with whom the child will be living.
- Type and value of separate property
Separate property is property acquired before marriage, or property received during the marriage as inheritance or a gift, or obtained under other special circumstances.
- Length of the marriage
In short-term (usually below five years) and childless marriages, the court may order the spouses to return to the financial condition that they had before the marriage.
- Financial condition of the spouses when the divorce is finalized
The court will consider the financial situation of both spouses after the divorce. In general, the court will not want one spouse to be very wealthy and the other very poor. It also considers that if one spouse is disabled or has not had the chance to work outside the home, the court will likely award more of the community property to him/her.
Even if the court assigns the particular debts, which you and your spouse need to pay, it is very possible that your spouse may not follow this. The company or persons to whom you owe the debts may still come after you and you may be forced to pay for them. In this case, you may sue your spouse so that the court can order him/her to pay you back.
But remember, in a divorce, everything is on the table regarding your assets and debts. If you and your soon to be ex come to an agreement, then so long is it is fair, the judge will enter the final divorce decree. But, if you cannot agree, the above factors are taken into consideration.
I hope you find this information useful.
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