S-0884.1          _______________________________________________

                                 SENATE BILL 5715

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senator A. Smith.

Read first time February 18, 1991.  Referred to Committee on Law & Justice.Requiring consideration of intangible property in the division of community property following dissolution or legal separation.

     AN ACT Relating to community property; and amending RCW 26.09.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 26.09.080 and 1989 c 375 s 5 are each amended to read as follows:

(1) In a proceeding for dissolution of the marriage, legal separation, declaration of invalidity, or in a proceeding for disposition of tangible and intangible property and assets following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the tangible and intangible property and assets, the court shall, without regard to marital misconduct, make such disposition of the tangible and intangible property and assets, 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))) (a) The nature and extent of the tangible community property and assets;

     (((2))) (b) The nature and extent of intangible community property and assets, including the enhancement of earning capacity of either spouse during marriage, or the educational or career enhancement opportunities foregone by a spouse in order to provide educational opportunity or career enhancement for the other spouse, or both;

(c) The nature and extent of the separate property and assets;

     (((3))) (d) The duration of the marriage; ((and

     (4))) (e) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time;

(f) The age and health of the parties; and

(g) Other factors the court deems just and reasonable.

(2) If the tangible assets of the parties are insufficient to permit an equitable disposition, the court shall require one spouse to make periodic payments to the other spouse over a reasonable period of time without regard to maintenance.