Washington is a no-fault divorce state but that doesn’t make separation any easier. After years together, dissolution means untangling lives, possessions, accounts, and seemingly endless documents. To make sure nothing is overlooked, it’s vital to have skilled legal representation, via a family law attorney, throughout the process. In Vancouver Washington, our family law attorney Crystal Lambert-Schroeder with Lambert Law Office works to ensure a smooth transition.
In Washington State, courts will legally “divide all assets and liabilities ‘fairly and equitably’ (which does not necessarily mean equally); the court will determine whether one spouse will pay maintenance (alimony) to the other…[and] the court will establish a residential schedule for the dependent children and will also set an amount of child support.”
But Crystal Lambert-Schroeder and her team know there are other key documents that need to be updated. These include your will, power of attorney, and existing medical directives. “Whether or not you have an estate plan, divorce or legal separation can have a major impact on your spouse’s or partner’s rights regarding making financial and medical decisions for you, and what can happen with your estate when you die.”
Some of these documents change automatically upon filing of a divorce, like your medical and financial power of attorney. Upon filing of a divorce, your soon to be former spouse automatically becomes ineligible to serve as your agent under a medical or financial power of attorney. If you withdraw or dismiss your action for divorce before it is finalized, your spouse will be reinstated as your agent. If you wish for your spouse to remain your agent during the pendency of your divorce, you can let your intentions be known through an agreement.
Other documents require hands-on updates. Your will stands as written unless you’ve modified it to disinherit your spouse except, explains Lambert-Schroeder, as it relates to the dispensation of “any community property; the spouse can make an election against the will to claim 50% of the community property in your estate.”
And that halfway mark mirrors the communal nature of relationships. The Revised Code of Washington (RCW) contain laws which ensure “you cannot devise or bequeath more than half of the community property to someone other than your spouse/partner, without his/her consent.”
A legal update is also required to modify your will’s executor. “Because a will essentially has no real power or authority until you pass away, there is no statute or law that automatically revokes or terminates the designation of a spouse or partner as executor” when you begin divorce proceedings. Legally changing documents is the only way to guarantee your needs are met.
In Washington, “a spouse has priority under statute to be appointed as personal representative of your estate. If you were in the process of dissolution and did not have a valid will at the time of your death, your spouse will likely be named as executor. To avoid this, put a last will and testament in place upon filing for divorce that names someone other than spouse/partner as executor.”
Estate documents are also important should illness or injury restrict or diminish your ability to communicate. It’s vital to take steps so your loved ones are clearly aware of your wishes.
“A living will, also called a directive to physicians or advance directive, is a document that lets people state their wishes for end-of-life medical care, in case they become unable to communicate their decisions,” say industry experts. Lambert-Schroeder reminds clients that “filing for divorce/separation has no effect on an existing advance health care effect, make sure that your living will accurately reflects your wishes regarding artificially prolonging your life.”
The dissolution process takes time, with a minimum 90 day waiting period in our state. During this period, however, you “cannot change beneficiaries on life insurance or retirement accounts in most cases during pendency of dissolution action,” says Lambert-Schroeder. These documents, however, must be updated upon finalization.
The AARP warns that “many financial products, including retirement accounts and life insurance policies, are themselves legal contracts and, by law, supersede any instructions in your will. So regardless of what your will says—and even if you wrote it last month—the payouts from these products will go to the beneficiaries you designated when you filled out the forms, even if that was decades ago.”
If you have children under the age of 18, Lambert-Schroeder’s extensive Family Law attorney expertise takes over. She knows how to work through issues for married or unmarried parents, set up parenting plans, and competently address custody, child support, and adoption.
Change is never easy, but it always helps to have a knowledgeable advocate by your side. Whether you’re in the midst of a separation or needing a sage second opinion, Crystal Lambert-Schroeder is ready and willing to partner with you on the journey.
Lambert Law is located at 900 Washington Street in Vancouver. Schedule an appointment online or by calling 360-737-1473.