S-1454               _______________________________________________

                                                   SENATE BILL NO. 5825

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Niemi, Talmadge, Rinehart, Murray, Lee, Moore and Stratton

Read first time 2/9/89 and referred to Committee on  Law & Justice.

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.  Section 8, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.080 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 having custody of any children;

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

(g) Any other factors the court deems just and reasonable.

(2) Where 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, if any.