It should come as no surprise that the legislature has chosen to grant a number of very important benefits to married persons. Among these are: (1) the right to bring a wrongful death action (RCW 4.20); (2) a grant of spousal privilege (the right and duty not to testify against a spouse in most legal proceedings) (RCW 5.60.060); (3) inheritance rights, whether under the laws of intestacy (when someone dies without a will) (RCW 11.04), or overriding certain elections by those who have made wills (RCW 11.28); (4) the right to dissolution of the relationship and distribution of assets administered by a specialized court system (RCW 26.09); (5) community property (RCW 26.16); (6) protections for those who receive insurance benefits through their spouse (RCW 48.44); (7) rights on the death of a spouse, including the right to control autopsies and organ donations and the right to be buried next to one’s spouse (RCW 68.32); and (8) certain state tax benefits, such as a sales tax exemption for transfers made from one spouse to another in connection with a dissolution (RCW 82.45).
Other benefits, while not as important to the public at large, may be critical for certain classes of people. For example, spouses of public employees, including teachers, state patrol, police, firefighters, judges, and other civil servants have important pension benefits. Certain business licenses, including insurance agent licenses (RCW 48.17), liquor licenses (RCW 66.24), and various fishing licenses (including those for whiting, sea urchins, and sea cucumbers) (RCW 77.65-77.70), and gas station franchises (RCW 19.120) pass automatically and without charge to the surviving spouses of licensees or franchisees. The spouses of indigent veterans are entitled to various forms of public assistance (RCW 73.04). The spouses of graduate students at public universities are entitled to have their health insurance benefits paid (RCW 28B.10).
What is often overlooked is the degree to which marriage also imposes significant burdens on one or both of the parties. There are at least three ways that this happens.
First and foremost, many statutes fix rights between the married persons in a way that by definition benefits one spouse and burdens the other. The laws governing community property are one obvious example of this phenomenon: each spouse is given certain rights to property that would otherwise belong solely to the other, and the net result of this reallocation helps one spouse at the expense of the other when the community property becomes separate, either on dissolution or death. Other examples include the numerous decisions that one spouse cannot make without the consent of the other, such as elections of the form in which one will receive pension benefits.
A second set of burdens resembles the “marriage penalty” that is often discussed in connection with the federal income tax. On any number of statutes in which the income of those covered is important, there are different scales for married people and single people, and the scales for married people are not the same as the sum of those for two single people. These include rules governing garnishment (RCW 6.15), eligibility for a subsidy in the state Basic Health Plan (RCW 70.47), and eligibility for senior citizen campsite rental discounts (RCW 79A.05). In addition, a surprisingly large number of statutes impose a “remarriage penalty”: rights held by a surviving spouse based on one marriage may be lost if the surviving spouse chooses to remarry. These include pension benefits for surviving spouses of many public employees (RCW 2.10, 2.12, 41.18, 41.20, 41.24, 41.32, and 41.44) and the right to special license plates for the spouses of Pearl Harbor survivors (RCW 46.16.305) and free license plates for the surviving spouses of prisoners of war (RCW 73.04).
A third category of burdens on married persons involves attempts by the legislature to protect the public from fraud or nepotism. Among such statutes are those requiring that public members of various professional licensing boards not be married to members of the regulated profession (e.g. RCW 18.118.020), forbidding spouses of lottery employees or officials from participating in the state lottery (RCW 67.70.180), and requiring professional fundraisers to make a disclosure if he or she is married to an officer of an entity that will receive 10 percent or more of the fundraising proceeds (RCW 19.09.097).
It should not be forgotten that many other benefits and burdens are tied to federal law (over 1100, according to a recent GAO study) and as such are outside of the scope of this study. These include immigration and tax laws, social security and veterans’ benefits, civil and military service benefits, bankruptcy protections, and various employment benefits.
|
Statute
|
Area of Law
|
Summary
|
Benefit/
Burden
|
Financial
Effect
|
Comments
|
| RCW 2.10.140 |
Public Employees (Judges) |
surviving spouse of judge with accumulated service receive pension benefits if married two years before death |
Benefit |
state $ |
|
| RCW 2.10.144 |
Public Employees (Judges) |
surviving spouse of judge who dies before retirement paid accumulated contributions as default recipient (overrides election before marriage) |
Benefit |
state $ |
|
| RCW 2.10.146 |
Public Employees (Judges) |
spouses must consent to judge’s election of form of pension benefits |
Benefit/ Burden |
state $ |
|
| RCW 2.10.165 |
Public Employees (Judges) |
surviving spouses of pre-1988 retirees eligible for refunds of some retirement contributions |
Benefit |
state $ |
|
| RCW 2.12.030 |
Public Employees (Judges) |
surviving spouse married to judge for three years or before retirement receives pension if spouse remains unmarried |
Benefit/ Burden |
state $ |
remarriage penalty |
| RCW 2.12.048 |
Public Employees (Judges) |
surviving spouses of pre-1988 retirees eligible for refunds of some retirement contributions |
Benefit |
state $ |
|
| RCW 2.14.110 |
Public Employees (Judges) |
surviving spouse is default recipient of contributions to retirement system |
Benefit |
state $ |
|
| RCW 4.08.030 |
Right of Action |
either husband or wife may sue for community, except that spouse with personal injuries or who performed services is a necessary party |
Benefit |
$ (not state) |
|
| RCW 4.08.040 |
Right of Action |
spouse has a right to join in all actions affecting spouse or self |
Benefit |
$ (not state) |
|
| RCW 4.20.020 |
Torts/Death |
spouse is a beneficiary of a wrongful death action |
Benefit |
$ (not state) |
key benefit |
| RCW 4.20.046 |
Right of Action/Death |
all actions survive to personal representatives, but certain damages recoverable only by surviving spouse/children |
Benefit |
$ (not state) |
|
| RCW 4.20.060 |
Torts/Death |
personal injury actions do not abate on death where spouse survives |
Benefit |
$ (not state) |
|
| RCW 4.24.130 |
Prisoners |
prisoners have a right to a change of name on dissolution |
Benefit |
no $ |
|
| RCW 5.60.060 |
Evidence |
spousal privilege: one spouse cannot be examined against other without consent, and neither can be examined with regard to communications during marriage (even after) without consent |
Benefit |
no $ |
key benefit |
| RCW 6.13.020 |
Creditors Rights |
husband and wife may not claim same premises to increase value of homestead exemption above that available to community |
Burden |
$ (not state) |
|
| RCW 6.13.060 |
Community Property |
married person cannot convey or encumber homestead without consent of spouse |
Benefit/ Burden |
no $ |
|
| RCW 6.13.080 |
Creditors Rights |
homestead exemption not available in certain situations |
Benefit/ Burden |
no $ |
|
| RCW 6.13.210 |
Community Property |
on incompetency or disability of one spouse, other must seek a court order allowing sale or conveyance |
Benefit/ Burden |
no $ |
|
| RCW 6.15.010 |
Creditors Rights |
property exempt from execution or garnishment: amounts same for individual or married couple |
Burden |
$ (not state) |
marriage penalty |
| RCW 6.15.025 |
Creditors Rights |
pension or retirement plan benefits exempt from execution for judgment for out-of state income tax |
Benefit |
$ (not state) |
|
| RCW 6.15.040 |
Creditors Rights |
Spouse property exempt from execution, attachment, garnishment from judgment against other spouse |
Benefit |
$ |
|
| RCW 6.15.050 |
Creditors Rights |
personal property exemption in bankruptcy limited if spouse has previously declared bankruptcy |
Burden |
$ (not state) |
|
| RCW 6.27.140 |
Creditors Rights |
higher exemption from garnishment if supporting new spouse |
Benefit |
$ (not state) |
|
| RCW 6.27.150 |
Creditors Rights |
higher exemption from garnishment if supporting a new spouse |
Benefit |
$ (not state) |
|
| RCW 7.36.020 |
Guardianship/ Right of Action |
spouse has right to writ of habeas corpus to enforce rights of or protect disabled or incompetent spouse |
Benefit |
no $ |
|
| RCW 7.68.070 |
Torts/ Criminal Law |
married victims allowed higher victim benefits than unmarried |
Benefit |
$ (not state) |
|
| RCW 7.68.075 |
Torts/ Criminal Law |
victim benefits based on marital status at time of crime |
Benefit |
$ (not state) |
|
| RCW 7.69.030 |
Criminal Law/ Victims’ Rights |
survivors (including spouses) have right to: statement of rights, information on disposition of case; protection from harm; secure waiting areas; etc. |
Benefit |
no $ |
|
| RCW 7.70.065 |
Health Care |
spouse can give informed consent for health care decisions of incompetent spouse |
Benefit |
$ (not state) |
can grant by private contract |
| RCW 9.46.231 |
Criminal Law/ Seizure |
gambling property may be seized, but not community property interest of non-participating spouse |
Benefit |
no $ |
|
| RCW 9.58.090 |
Criminal Law |
threat to libel or blackmail to prevent publication is a misdemeanor, including about one’s spouse |
Benefit |
no $ |
|
| RCW 9.68.070 |
Criminal Law |
Defense if minor was accompanied by parent or parent’s spouse |
Benefit |
No $ |
|
| RCW 9.68.080 |
Criminal Law |
Unlawful to misrepresent yourself as spouse of parent of minor |
Burden |
No $ |
|
| RCW 9.94A.612 |
Criminal Law |
next of kin of victim, including spouse, notified on release of violent inmates and sex offenders |
Benefit |
No $ |
|
| RCW 9A.16.060 |
Criminal Law |
Duress defense not established by showing married person acted on command of spouse |
Burden |
No $ |
|
RCW 9A.40.030
-
RCW 9A.40.070 |
Criminal Law |
if actor is relative of abductee, kidnapping (class B felony) becomes custodial interference (gross misdemeanor) |
Benefit |
no $ |
|
| RCW 9A.44.050 |
Criminal Law |
marriage is a defense to Rape 2 of resident of state institution |
Benefit |
no $ |
|
| RCW 9A.44.060 |
Criminal Law |
marriage is a defense to Rape 3 (no consent needed for sexual intercourse between married persons) |
Benefit |
no $ |
|
| RCW 9A.44.073 |
Criminal Law |
marriage is a defense to Child Rape 1 |
Benefit |
no $ |
|
| RCW 9A.44.076 |
Criminal Law |
marriage is a defense to Child Rape 2 |
Benefit |
no $ |
|
| RCW 9A.44.079 |
Criminal Law |
marriage is a defense to Child Rape 3 |
Benefit |
no $ |
|
| RCW 9A.44.083 |
Criminal Law |
marriage is a defense to Child Molestation 1 |
Benefit |
no $ |
|
| RCW 9A.44.086 |
Criminal Law |
marriage is a defense to Child Molestation 2 |
Benefit |
no $ |
|
| RCW 9A.44.089 |
Criminal Law |
marriage is a defense to Child Molestation 3 |
Benefit |
no $ |
|
| RCW 9A.44.093 |
Criminal Law |
marriage is a defense to Sexual Misconduct with a Minor 1 |
Benefit |
no $ |
|
| RCW 9A.44.096 |
Criminal Law |
marriage is a defense to Sexual Misconduct with a Minor 2 |
Benefit |
no $ |
|
| RCW 9A.44.100 |
Criminal Law |
marriage is a defense to Indecent Liberties |
Benefit |
no $ |
|
| RCW 9A.64.010 |
Criminal Law |
Bigamy – guilty of bigamy for multiple marriages |
Burden |
No $ |
|
| RCW 9A.76.070 |
Criminal Law |
rendering criminal assistance 1 is a gross misdemeanor if by relative (incl. by marriage), otherwise class C felony |
Benefit |
no $ |
|
| RCW 9A.76.080 |
Criminal Law |
rendering criminal assistance 2 is a misdemeanor if by relative (incl. by marriage), otherwise a gross misdemeanor |
Benefit |
no $ |
|
| RCW 9A.83.030 |
Criminal Law/Seizure |
community property interest in property of non-participating spouse cannot be forfeited |
Benefit |
$ (not state) |
|
| RCW 10.77.205 |
Criminal Law |
notice of release of violent or sex offenders found not guilty by reason of insanity sent to spouse of victim |
Benefit |
no $ |
|
| RCW 10.101.020 |
Civil Rights/Right to Counsel |
determination of indigency for purposes of eligibility for state-appointed counsel does not depend on resources of friends or relatives except spouse |
Burden |
state $ |
marriage penalty |
| RCW 11.02.005 |
Probate |
heirs are persons, including surviving spouse, who are entitled to inherit under laws of intestate succession |
Benefit |
$ (not state) |
|
| RCW 11.02.070 |
Probate/Community Property |
on death, spouse gets ½ of community property; the other half is subject to testamentary disposition |
Benefit |
$ (not state) |
|
| RCW 11.02.100 |
Corporations/Community Property |
Shares of a married person may be transferred without signature of spouse. |
Burden |
$ |
|
| RCW 11.02.120 |
Corporations/Community Property |
transfer agent may transfer shares at request of surviving spouse |
Benefit |
no $ |
|
| RCW 11.04.095 |
Probate |
can avoid escheat if issue by former spouse and no heirs of surviving later-deceased spouse |
Benefit |
state $ |
|
| RCW 11.04.015 |
Probate |
if decedent dies intestate, surviving spouse entitled to 50-100% of estate |
Benefit |
$ (not state) |
Key Benefit |
| RCW 11.04.290 |
Real Property/ Probate |
title to real property passes immediately on death of husband or wife |
Benefit |
no $ |
|
| RCW 11.07.010 |
Family Law/ Probate |
dissolution of marriage revokes designation of former spouse under life insurance, pension, and other non-probate assets, unless expressly provided otherwise or required by law |
Benefit |
$ (not state) |
|
| RCW 11.10.010 |
Probate |
Spouses shares of property abate equally |
Benefit |
$ |
|
| RCW 11.12.051 |
Probate/ Family Law |
gifts by will to spouse revoked on dissolution, revived by remarriage |
Benefit |
$ (not state) |
|
| RCW 11.12.095 |
Probate |
if spouse is not named in will made before marriage, omitted spouse receives intestate distribution (unless will clearly provides otherwise) |
Benefit |
$ (not state) |
|
| RCW 11.12.180 |
Probate |
Rule in Shelly’s case abolished: surviving spouse considered an heir even if remarried |
Benefit |
no $ |
|
| RCW 11.28.030 |
Probate |
surviving spouse entitled to letters testamentary to administer community property |
Benefit |
no $ |
key benefit |
| RCW 11.28.120 |
Probate |
default administration of estate (if intestate, or no personal representative) first to surviving spouse |
Benefit |
no $ |
|
| RCW 11.28.131 |
Probate |
surviving spouse must be notified before anyone else may be given letters testamentary |
Benefit |
no $ |
|
| RCW11.28.185 |
Probate |
persons other than surviving spouse who inherits entire estate must post bond before serving as personal representative |
Benefit |
$ (not state) |
|
| RCW 11.54.010 |
Probate |
Surviving spouse may petition court for award of property of decedent. |
benefit |
$ |
|
| RCW 11.54.020 |
Probate |
Award amount depends on dividing between spouse and children. |
Burden |
$ |
|
| RCW 11.54.030 |
Probate |
No award to spouse who killed decedent. |
Burden |
$ |
|
| RCW 11.54.050 |
Probate |
Award to surviving spouse is discretionary |
burden |
$ |
|
| RCW 11.54.070 |
Probate |
Property awarded immune from debts of decedent and surviving spouse |
benefit |
$ |
|
| RCW 11.62.030 |
Probate |
surviving spouse entitled to deposits up to $1000 by deceased spouse with any credit union |
benefit |
$ (not state) |
|
| RCW 11.66.010 |
Probate |
social security benefits paid to surviving spouse up to $1000 per month free and clear from estate |
benefit |
$ (not state) |
|
| RCW 11.68.011 |
Probate |
Spouse is intestate decedent’s personal representative |
benefit |
$ |
|
| RCW 11.76.080 |
Probate |
need to appoint guardian for minor child interested in estate waived if surviving spouse is the parent |
benefit |
no $ |
|
| RCW 11.80.010 |
Probate |
if absentee owner of property, court may have hearing and appoint trustee, preferring spouse above all others |
benefit |
no $ |
|
| RCW 11.80.050 |
Probate |
absentee-owned property may be sold for allowance/ maintenance of spouse |
benefit |
$ (not state) |
|
| RCW 11.80.130 |
Probate |
spouse of absentee may, on petition to court, sell property up to $5000 |
benefit |
$ (not state) |
|
| RCW 11.88.010 |
Guardianship |
venue for appointment of guardians lies in county of residence of spouse |
benefit |
no $ |
Effective until Jan. 1, 2006 |
| RCW 11.88.040 |
Guardianship |
spouse entitled to notice of guardianship proceeding |
benefit |
no $ |
|
| RCW 11.88.090 |
Guardianship |
spouse (and persons with a significant, continuing interest in welfare of person) entitled to copy of report of guardian ad litem |
benefit |
no $ |
partners could have benefit by court ruling |
| RCW 11.88.125 |
Guardianship |
spouse entitled to notice of designation of standby guardian or limited guardian |
benefit |
no $ |
|
| RCW 11.94.010 |
Health Care/ Guardianship |
Physicians and employees of health care providers cannot act as attorneys in fact for a patient of the health care provider unless the patient is a spouse |
benefit |
no $ |
|
| RCW 11.94.080 |
Probate |
Spouse power of attorney dissolves with dissolution of marriage |
burden |
No $ |
|
| RCW 11.94.140 |
Probate |
Spouse entitled to notice of hearing |
benefit |
No $ |
|
| RCW 11.95.120 |
Trusts |
other code sections do not limit or restrict the distribution of trust income that qualifies for the marital deduction |
benefit |
$ (not state) |
tied to federal law |
| RCW 11.96A.120 |
Trusts |
Living person represents virtually surviving spouse |
benefit |
No $ |
|
| RCW 11.98.230 |
Trusts |
other code sections do not limit or restrict distribution of income that could qualify under marital deduction |
benefit |
$ (not state) |
tied to federal law |
| RCW 11.100.025 |
Trusts |
certain trusts to provide annual income to spouse give power to spouse to require that unproductive trust assets be made productive |
benefit |
$ (not state) |
|
| RCW 11.104A.220 |
Trusts |
Marital deduction for all or part of trust must provide spouse with sufficient income |
benefit |
$ |
|
| RCW 11.108.025 |
Trusts |
fiduciary has power to make elections to qualify trust property for marital deduction |
benefit |
$ (not state) |
tied to federal |
| RCW 11.108.040 |
Trusts |
courts shall interpret instruments pre-1981 to take advantage of federal marital deduction change in 1981 |
benefit |
$ (not state) |
tied to federal |
| RCW 11.108.050 |
Trusts |
if intention of grantor is to make marital deduction apply, then conditions imposed on trust to make it apply |
benefit |
$ (not state) |
tied to federal |
| RCW 11.108.060 |
Trusts |
if marital deduction gift, then survivorship requirement limited to 6 months |
benefit |
$ (not state) |
tied to federal |
| RCW 13.34.110 |
Family Law/ Custody |
all adults related by marriage to child entitled to notice of custody hearing |
benefit |
no $ |
|
| RCW 13.40.215 |
Criminal Law/ Juveniles |
next of kin (including spouse) of victim entitled to notice of release of offender |
benefit |
no $ |
|
| RCW 13.40.220 |
Criminal Law/ Juveniles |
parent freed from obligation to pay costs of support, treatment, and confinement of juvenile offender where spouse was victim of offense |
benefit |
state $ |
|
| RCW 18.35.150 |
Licensed Professions |
public members of Board of Hearing and Speech cannot have been married to members of certain occupations |
burden |
no $ |
|
| RCW 18.96.040 |
Licensed Professions |
public members of Landscape Architecture licensing board cannot have a spouse who makes livelihood from landscape architecture |
burden |
no $ |
|
| RCW 18.118.020 |
Licensed Professions |
definition of “public member” excludes form professional boards those with spouses in the profession |
burden |
no $ |
|
| RCW 18.120.020 |
Licensed Professions |
definition of “public member” of boards of health professions cannot be spouse of member of health profession being regulated |
burden |
no $ |
|
| RCW 19.09.097 |
Licensed Professions/ Charitable Organizations |
disclosure required if professional fundraiser related by marriage to officer of entities to which 10% or more of proceeds will be paid |
burden |
no $ |
|
| RCW 19.16.250 |
Licensed Professionals |
collection agencies presumed to be engaged in forbidden harassment if they contact debtor or spouse three or more times in one week at his or her place of residence |
benefit |
no $ |
|
| RCW 19.40.041 |
Creditors’ Rights |
transfers by debtors to insiders, as defined by RCW 19.40.011 (including spouses) may be presumed fraudulent |
burden |
$ (not state) |
|
| RCW 19.40.051 |
Creditors’ Rights |
transfers by insolvent debtors to insiders for antecedent debts are fraudulent |
burden |
$ (not state) |
|
| RCW 19.72.030 |
Suretyship |
surety must have separate property for bond, unless spouse joins |
burden |
no $ |
|
| RCW 19.98.120 |
Franchises/ Dealership |
supplier must honor a succession agreement entered into by a dealer even if it designates someone other than the surviving spouse |
benefit |
$ (not state) |
|
| RCW 19.120.040 |
Franchises/ Dealerships |
gas station franchises pass automatically to surviving spouse or other permitted designee |
benefit |
$ (not state) |
|
| RCW 19.205.030 |
Structured Settlement Payments |
welfare of spouse must be taken into account in approving transfer of payment rights |
benefit/ burden |
$ (not state) |
|
| RCW 19.205.050 |
Structured Settlement Payments |
spouse entitled to notice and opportunity to object before any transfer of payment rights |
benefit/ burden |
$ (not state) |
|
| RCW 21.20.310 |
Securities |
exemption from registration for securities of nonprofit distributed only to members and relatives |
benefit |
no $ |
|
| RCW 23B.08.700 |
Corporations |
required disclosure of director conflicts includes conflicts of spouse (or individual having the same home) |
burden |
no $ |
may apply without marriage |
| RCW 23B.19.020 |
Corporations |
may have beneficial ownership through spouse |
burden |
no $ |
|
| RCW 26.09.015 |
Family Law |
parties may use mediator for dissolution proceedings |
benefit |
state $ |
|
| RCW 26.09.030 |
Family Law |
courts authorized to grant dissolution of marriage, decree of legal separation in lieu of dissolution, or dismiss a dissolution petition |
benefit |
no $ |
|
| RCW 26.09.040 |
Family Law |
courts have authority to declare a marriage invalid and to provide for maintenance, a parenting plan, and a division of property |
benefit |
$ (not state) |
|
| RCW 26.09.050 |
Family Law |
courts directed to grant relief including disposition of property, name changes, and the issuing of restraining orders |
benefit |
no $ |
|
| RCW 26.09.060 |
Family Law |
temporary maintenance and restraining orders available during dissolution proceedings |
benefit |
no $ |
|
| RCW 26.09.070 |
Family Law |
parties to marriage may make separation contracts, and courts must honor unless unfair or a child support concern |
benefit |
no $ |
|
| RCW 26.09.080 |
Family Law |
court makes a just and equitable distribution of property on dissolution; factors considered |
benefit/ burden |
$ (not state) |
key benefit |
| RCW 26.09.090 |
Family Law |
court may grant maintenance to either spouse; factors considered |
benefit/ burden |
$ (not state) |
key benefit |
| RCW 26.09.100 |
Family Law |
court in dissolution proceeding must enter child support order |
benefit/ burden |
no $ |
|
| RCW 26.09.105 |
Family Law |
court in dissolution proceeding may order one or both parents to provide health care insurance to children |
burden |
$ (not state) |
|
| RCW 26.09.110 |
Family Law |
court may appoint attorney to represent children in dissolution (parents or county pay) |
benefit/ burden |
state $ |
|
| RCW 26.09.120 |
Family Law |
court in dissolution proceeding must order maintenance payments to be made to the entitled person or to the court clerk as trustee |
benefit/ burden |
$ (not state) |
|
| RCW 26.09.138 |
Family Law |
if maintenance obligation is paid late, can get a mandatory assignment of public retirement benefits |
burden/ benefit |
$ (not state) |
|
| RCW 26.09.140 |
Family Law |
court may order one party in a dissolution proceeding to pay attorneys fees to the other party |
benefit/ burden |
$ (not state) |
|
| RCW 26.09.150 |
Family Law |
procedure for and finality of dissolution decree; right to change of name |
benefit |
no $ |
|
| RCW 26.09.170 |
Family Law |
maintenance payments to former spouse terminate upon spouse’s death or remarriage |
benefit/ burden |
$ (not state) |
|
| RCW 26.09.181 |
Family Law |
establishes procedure for submitting a parenting plan in a dissolution proceeding |
benefit/ burden |
no $ |
|
| RCW 26.09.184 |
Family Law |
permanent parenting plan approved during dissolution proceeding must contain dispute resolution procedure, allocate decision making authority and establish residential provisions for child |
benefit/ burden |
$ (not state) |
|
| RCW 26.09.187 |
Family Law |
establishes the criteria for drafting a permanent parenting plan during dissolution proceeding |
benefit/ burden |
no $ |
|
| RCW 26.09.191 |
Family Law |
court in dissolution proceeding must limit rights of a parent who has abused or abandoned the child or who has a history of domestic violence |
benefit/ burden |
no $ |
|
| RCW 26.09.194 |
Family Law |
procedure for entry of temporary parenting plan |
benefit/ burden |
no $ |
|
| RCW 26.09.197 |
Family Law |
establishes criteria for court to evaluate a temporary parenting plan in a dissolution proceeding |
benefit/ burden |
no $ |
|
| RCW 26.09.255 |
Family Law |
a relative who has visitation rights, including a souse, may bring civil action against any other relative who takes, entices or conceals a child |
benefit/ burden |
no $ |
|
| RCW 26.09.290 |
Family Law |
court may order a decree of divorce nunc pro tunc |
benefit/ burden |
no $ |
|
| RCW 26.12.172 |
Family Law |
battered spouses have the right to alternative voluntary parenting seminar |
benefit |
no $ |
|
| RCW 26.12.190 |
Family Law |
family court may use any of a variety of services in an attempt to preserve a marriage |
benefit |
$ |
|
| RCW 26.12.220 |
Family Law |
counties may pay for family court services with increase in marriage license fee |
benefit |
no $ |
|
| RCW 26.16.010 |
Community Property |
husband’s pre-marriage, gift, and inheritance property not subject to debts and contracts of wife |
benefit/ burden |
$ (not state) |
gender specific |
| RCW 26.16.020 |
Community Property |
wife’s pre-marriage, gift, and inheritance property not subject to debts and contracts of husband |
benefit/ burden |
$ (not state) |
gender specific |
| RCW 26.16.030 |
Community Property |
definition of and restrictions on disposition of community property |
benefit/ burden |
$ (not state) |
Key Benefit |
| RCW 26.16.050 |
Community Property |
spouse may turn community property into separate property of the other spouse by giving it as a gift |
benefit |
$ (not state) |
gender specific |
| RCW 26.16.090 |
Community Property |
spouse may execute a letter of attorney giving the other spouse or a third person power to dispose of community property |
benefit/ burden |
no $ |
|
| RCW 26.16.100 |
Community Property |
may record instrument with auditor asserting community interest in real property where record title is in name of spouse |
benefit/ burden |
no $ |
|
| RCW 26.16.120 |
Community Property |
spouses may enter into an agreement concerning the disposition of community property |
benefit/ burden |
no $ |
|
| RCW 26.16.140 |
Community Property |
money and accumulations earned by spouses living apart are separate property |
benefit/ burden |
$ (not state) |
|
| RCW 26.16.190 |
Community Property |
no recovery against the separate property of the other spouse except in cases where there would be joint responsibility if the marriage did not exist |
benefit |
$ (not state) |
|
| RCW 26.16.200 |
Community Property |
Neither spouse is liable for the prenuptial or separate debts of the other |
benefit |
$ (not state) |
|
| RCW 26.16.205 |
Community Property |
obligation to support stepchildren during marriage ceases on dissolution |
benefit/ burden |
$ (not state) |
|
| RCW 26.16.220 |
Community Property |
quasi-community property is property that would have been community if decedent had been domiciled in Washington |
benefit |
no $ |
|
| RCW 26.16.230 |
Community Property |
one half of quasi-community property of decedent belongs to surviving spouse |
benefit |
$ (not state) |
|
| RCW 26.16.240 |
Community Property |
certain lifetime transfers of quasi-community property interests may be undone |
benefit |
$ (not state) |
|
| RCW 26.16.250 |
Community Property |
characterization of property as quasi-community only important for determining disposition at time of death, and may be waived by agreement |
benefit/ burden |
no $ |
|
| RCW 26.18.030 |
Family Law |
remedies cumulative to ensure support for dependent children |
benefit |
$ (not state) |
|
| RCW 26.19.071 |
Family Law |
income to be considered in determining child support obligations does not include income from spouse |
benefit/ burden |
$ (not state) |
|
| RCW 26.19.075 |
Family Law |
income of new spouse may be considered in deviating from child support agreement where remarried spouse is asking for deviation |
benefit/ burden |
$ (not state) |
|
| RCW 26.20.035 |
Family Law/ Criminal Law |
gross misdemeanor not to provide support to spouse if able |
benefit/ burden |
$ (not state) |
|
| RCW 26.20.071 |
Family Law/ Evidence |
exception to spousal privilege in nonsupport/desertion actions |
benefit/ burden |
no $ |
|
| RCW 26.20.080 |
Family Law |
proof of nonsupport is prima facie evidence of willfulness |
benefit/ burden |
no $ |
|
| RCW 26.26.116 |
Family Law |
presumption of paternity of the father if the birth is during the marriage, within 300 days of the end of the marriage, or if parents believed they were married |
benefit/ burden |
no $ |
|
| RCW 26.26.710 |
Family Law |
husband is considered the father of a child from artificial insemination if consent filed |
benefit/ burden |
no $ |
|
| RCW 26.26.715 |
Family Law |
husband and wife must sign consent to assisted reproduction by a married woman; failure of husband to sign consent does not preclude a finding that he is the father |
benefit/ burden |
no $ |
|
| RCW 26.26.720 |
Family Law |
husbands of wives who give birth by assisted reproduction have only limited rights to challenge paternity |
benefit/ burden |
no $ |
|
| RCW 26.26.725 |
Family Law |
following dissolution, the donor spouse in assisted reproduction is not the parent unless a consent is signed |
benefit/ burden |
no $ |
|
| RCW 26.26.730 |
Family Law |
following death, the donor spouse in assisted reproduction is not the parent unless a consent is signed |
|
|
|
| RCW 26.28.020 |
Family Law |
minors married to persons of full age are themselves deemed to be of full age |
benefit |
no $ |
|
| RCW 26.33.100 |
Family Law |
may seek termination of parent-child relationship to adopt child of spouse |
benefit |
no $ |
|
| RCW 26.33.150 |
Family Law |
adoption petitions by married persons must be joined by spouse |
burden |
no $ |
|
| RCW 26.33.220 |
Family Law |
certain post-adoption reports not required if adoptee is spouse’s child |
benefit |
no $ |
|
| RCW 26.50.010 |
Family Law |
definition of family or household members includes spouses |
benefit/ burden |
no $ |
|
| RCW 28B.10.400 |
Public Employees |
surviving spouse must consent for any other person to be pension beneficiary in higher education system |
benefit |
state $ |
|
| RCW 28B.10.401 |
Public Employees |
higher education employees eligible to elect annuities for spouse |
benefit |
state $ |
|
| RCW 28B.10.431 |
Public Employees |
annuities/pensions increased for higher education employees |
benefit |
state $ |
|
| RCW 28B.10.567 |
Public Employees |
death benefits to higher education police officers killed in the line of duty |
benefit |
state $ |
|
| RCW 28B.10.660 |
Public Employees/ Higher Education |
graduate students may have health insurance benefits of spouses paid |
benefit |
state $ |
|
| RCW 28B.15.012 |
Higher Education |
spouses of active duty military stationed in Washington considered residents |
benefit |
state $ |
subject to federal military law |
| RCW 28B.15.014 |
Higher Education |
spouse of faculty exempt from nonresident tuition differential |
benefit |
state $ |
|
| RCW 28B.50.259 |
Higher Education |
spouses of dislocated forest products workers eligible for tuition and fee waivers |
benefit |
state $ |
|
| RCW 30.22.190 |
Financial Institutions |
can pay out deposits to surviving spouse if recorded community property agreement or if deposits less than $2500 |
benefit |
$ (not state) |
|
| RCW 31.12.365 |
Loan Agencies |
directors and members of Credit Union councils may be reimbursed for reasonable expenses incurred by themselves and their spouses |
benefit |
$ (not state) |
|
| RCW 35.21.015 |
Cities and Towns |
committees setting city officials’ salaries may not include spouses of any city officials |
burden |
no $ |
|
| RCW 35.54.100 |
Taxes |
surviving spouse allowed to continue deferral of LID fees |
benefit |
state $ |
|
| RCW 36.17.024 |
Counties |
committees setting county officials’ salaries may not include spouses of any county officials |
burden |
no $ |
|
| RCW 38.52.300 |
Torts |
surviving spouse has right of action for death of emergency worker spouse |
benefit |
$ (not state) |
|
| RCW 41.04.020 |
Public Employees |
payroll deductions authorized for IRAs selected by spouse |
benefit |
state $ |
|
| RCW 41.04.580 |
Public Employees |
permissive redress by municipalities to surviving spouse of employees terminated in connection with the Japanese internment |
benefit |
state $ |
|
| RCW 41.05.065 |
Public Employees |
long-term care insurance available for parents of spouses |
benefit |
state $ |
|
| RCW 41.05.080 |
Public Employees |
surviving spouses of emergency service personnel killed in the line of duty may participate in state insurance plans and contracts. |
benefit |
state $ |
|
| RCW 41.05.085 |
Public Employees |
potential subsidy for insurance benefits for spouses of retired or disabled state employees eligible for Medicare. |
benefit |
state $ |
|
| RCW 41.05.090 |
Public Employees |
spouses of covered employees have right to transfer to individual coverage with no waiting period |
benefit |
no $ |
|
| RCW 41.06.150 |
Public Employees |
preferences in reemployment for surviving spouses of veterans |
benefit |
no $ |
|
| RCW 41.16.140 |
Public Employees (Firemen) |
right to payout of contribution and interest minus payments on death of firefighter spouse |
benefit |
$ (not state) |
|
| RCW 41.16.160 |
Public Employees (Firemen) |
payout to spouse of greater of contribution or $1000 on death of firefighter not in line of duty |
benefit |
state $ |
|
| RCW 41.18.040 |
Public Employees (Firemen) |
widow or widower has right to receive pension of retired firefighter, but remarriage terminates right |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.18.045 |
Public Employees (Firemen) |
surviving spouse of firefighter gets pension of firefighter who was eligible to retire, but had not yet retired; but remarriage terminates right |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.18.100 |
Public Employees (Firemen) |
surviving spouse has right to receive pension of firefighter, but remarriage terminates right |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.18.130 |
Public Employees (Firemen) |
fireman and spouse can elect to get vested benefits after 20 years of service |
benefit |
state $ |
|
| RCW 41.20.080 |
Public Employees (Police) |
police spouses entitled to pension on death in line of duty, but right terminates on remarriage |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.20.085 |
Public Employees (Police) |
right to receive police pension of surviving spouse, but terminates on remarriage |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.20.090 |
Public Employees (Police) |
right of surviving spouse of police officer to lump sum payment of $1000 |
benefit |
state $ |
|
| RCW 41.20.150 |
Public Employees (Police) |
police can opt to retire as vested at 20 years; spouse gets same benefits |
benefit |
state $ |
|
| RCW 41.20.180 |
Public Employees (Police) |
pensions and benefits under 41.20 not subject to any attachment except upon dissolution |
benefit/ burden |
$ (not state) |
|
| RCW 41.24.150 |
Public Employees (Firefighters) |
disabled firefighter with spouse entitled to extra disability payments |
benefit |
state $ |
|
| RCW 41.24.160 |
Public Employees (Volunteer Firefighters) |
death benefit paid to surviving spouse of firefighter who dies in the line of duty; but right terminates on remarriage |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.24.172 |
Public Employees (Volunteer Firefighters) |
pension options depend on nature of payment to surviving spouse |
benefit |
state $ |
|
| RCW 41.24.180 |
Public Employees (Volunteer Firefighters) |
upon death of unvested volunteer firefighter, contributions to pension fund returned in lump sum to surviving spouse |
benefit |
state $ |
|
| RCW 41.24.240 |
Public Employees (Volunteer Firefighters) |
pensions and benefits under 41.24 not subject to any attachment except upon dissolution |
benefit/ burden |
$ (not state) |
|
| RCW 41.24.245 |
Public Employees (Volunteer Firefighters) |
assignment of payments to spouse under court order on dissolution is not subject to challenge |
benefit |
$ (not state) |
|
| RCW 41.26.048 |
Public Employees (Police & Firefighters) |
when no designated beneficiary, spouse is default recipient of $150K death benefit for death of firefighter in line of duty |
benefit |
state $ |
can accomplish by private action |
| RCW 41.26.090 |
Public Employees (Police & Firefighters) |
fire and police pension contributions paid to surviving spouse on death |
benefit |
state $ |
|
| RCW 41.26.160 |
Public Employees (Police & Firefighters) |
surviving spouse of fire or police with over 20 years who has either been married for one year or more or whose spouse died in the line of duty entitled to pension |
benefit |
state $ |
|
| RCW 41.26.161 |
Public Employees (Police & Firefighters) |
in event of nonduty death of member in active service, or vested with 20+ service credit years, or on disability leave or retired, surviving spouse is entitled to receive a monthly allowance of 50% of final average salary, or, amount of retirement allowance; not eligible if not lawfully married to member for one year prior to retirement or separation from service |
benefit |
state $ |
|
| RCW 41.26.162 |
Public Employees (Police & Firefighters) |
ex-spouses may qualify as surviving spouses for fire/police benefits if marriage of sufficient duration or court order |
benefit |
state $ |
|
| RCW 41.26.164 |
Public Employees (Police & Firefighters) |
actuarially reduced benefits provided for spouses ineligible for survivor benefits |
benefit |
state $ |
|
| RCW 41.26.460 |
Public Employees (Police & Firefighters) |
retirement allowance to surviving spouse, and spouse must consent to election of pension system |
benefit/ burden |
state $ |
|
| RCW 41.26.470 |
Public Employees (Police & Firefighters) |
surviving spouse is default recipient of police/fire disability allowance |
benefit |
state $ |
can accomplish by private action |
| RCW 41.26.510 |
Public Employees (Police & Firefighters) |
surviving spouse of fire or police who die entitled to benefits |
benefit |
state $ |
|
| RCW 41.28.170 |
Public Employees (Cities) |
city employee pension elections depend on payment to surviving spouse |
benefit |
state $ |
|
| RCW 41.28.205 |
Public Employees/ Family Law (Cities) |
any benefits in RCW 41 may be subject to dissolution order |
benefit/ burden |
$ (not state) |
|
| RCW 41.28.207 |
Public Employees (Cities) |
board can pay pension to spouse or ex-spouse under court order |
benefit/ burden |
$ (not state) |
|
| RCW 41.32.053 |
Public Employees (Cities) |
surviving spouses of teachers are default recipients of death benefit of $150K when death is result of injuries sustained in course of employment |
benefit |
state $ |
|
| RCW 41.32.520 |
Public Employees (Teachers) |
surviving spouses of teachers entitled to retirement benefits, but terminate on remarriage |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.32.530 |
Public Employees (Teachers) |
teachers must have consent of spouse to make pension elections |
burden/ benefit |
$ (not state) |
|
| RCW 41.32.785 |
Public Employees (Teachers) |
teachers must have spousal consent for pension election if married |
benefit |
state $ |
|
| RCW 41.32.790 |
Public Employees (Teachers) |
surviving spouse is default recipient of earned disability allowance benefits |
benefit |
$ (not state) |
|
| RCW 41.32.805 |
Public Employees (Teachers) |
surviving spouse is default recipient of pension contributions |
benefit |
state $ |
|
| RCW 41.32.851 |
Public Employees (Teachers) |
spouse must consent to pension election of employee |
benefit/ burden |
state $ |
|
| RCW 41.32.895 |
Public Employees (Teachers) |
surviving spouse eligible for retirement allowance if member dies before retired |
benefit |
state $ |
|
| RCW 41.34.070 |
Public Employees |
surviving spouse is default recipient of distribution of balance in pension fund |
benefit |
state $ |
|
| RCW 41.35.115 |
Public Employees (Washington School Employees) |
surviving spouses of Washington School Employee members are default recipients of death benefit of $150K when death is result of injuries sustained in course of employment |
benefit |
state $ |
|
| RCW 41.35.220 |
Public Employees (Washington School Employees) |
spouses of retired WSE members are default recipients of retirement allowance if member dies before total of retirement allowance paid equals total amount of accumulated contributions |
benefit |
state $ |
|
| RCW 41.35.440 |
Public Employees (Washington School Employees) |
spouse of disabled employee is default recipient of disability allowance if member dies before total of retirement allowance paid equals total amount of accumulated contributions |
benefit |
state $ |
|
| RCW 41.35.460 |
Public Employees (Washington School Employees) |
surviving spouse is recipient of amount of accumulated contributions in retirement system when member with more than 10 years of service dies |
benefit |
state $ |
|
| RCW 41.35.710 |
Public Employees (Washington School Employees) |
surviving spouse receives a retirement allowance if member dies prior to retirement |
benefit |
state $ |
|
| RCW 41.40.023 |
Public Employees |
persons employed by an institution of higher learning or community college, if employment is an incident to the education or training of a spouse, are not eligible to participate in Retirement program |
burden |
no $ |
|
| RCW 41.40.0931 |
Public Employees |
surviving spouse of deceased fire fighter or law enforcement officer is default recipient of $150K death benefit |
benefit |
state $ |
|
| RCW 41.40.0932 |
Public Employees |
surviving spouse is default recipient of $150K death benefit if member of Public Employees Retirement System died as a result of injuries sustained in the course of employment |
benefit |
state $ |
|
| RCW 41.40.185 |
Public Employees |
surviving spouses of deceased legislators entitled to minimum pension benefits |
benefit |
state $ |
|
| RCW 41.40.188 |
Public Employees |
surviving spouse is default recipient and must consent to pension option |
benefit/ burden |
state $ |
|
| RCW 41.40.190 |
Public Employees |
surviving spouses of elected state officials entitled to minimum pension benefits |
benefit |
state $ |
|
| RCW 41.40.220 |
Public Employees |
surviving spouse is default recipient of balance of disability pension |
benefit |
state $ |
|
| RCW 41.40.235 |
Public Employees |
surviving spouse is default recipient of accumulated contributions to pension fund |
benefit |
state $ |
|
| RCW 41.40.250 |
Public Employees |
surviving spouse is default recipient of accumulated contributions to disability pension |
benefit |
state $ |
|
| RCW 41.40.270 |
Public Employees |
surviving spouse is default beneficiary of excess accumulated contributions |
benefit |
state $ |
|
| RCW 41.40.660 |
Public Employees |
must have written consent of spouse for election of pension options |
benefit/ burden |
state $ |
|
| RCW 41.40.670 |
Public Employees |
surviving spouse is default recipient of accumulated but unpaid earned disability allowance |
benefit |
state $ |
|
| RCW 41.40.700 |
Public Employees |
surviving spouse is default recipient of accumulated contributions |
benefit |
state $ |
|
| RCW 41.40.835 |
Public Employees |
surviving spouse is recipient of actuarially reduced retirement allowance upon death of member of Washington Public Employees’ Retirement System |
benefit |
state $ |
|
| RCW 41.40.845 |
Public Employees |
spouse must consent to retirement election; spouse may be designated as a survivor beneficiary if marriage took place post-retirement; dissolution agreement made before retirement can apply to division of retirement benefits between the spouses |
benefit |
state $ |
|
| RCW 41.44.170 |
Public Employees |
surviving spouse is pension beneficiary, but loses right if remarries |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.44.190 |
Public Employees |
surviving spouse receives pension benefits, but loses them on remarriage |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.44.210 |
Public Employees |
pension for surviving spouse of one who dies in line of duty; terminates on remarriage |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 41.44.220 |
Public Employees |
surviving spouse may elect cash refund of accumulated, unpaid contributions |
benefit |
$ (not state) |
|
| RCW 41.44.240 |
Public Employees |
only attachment of state pension benefits is for child support and dissolution/maintenance |
benefit/ burden |
state $ |
|
| RCW 41.50.530 |
Public Employees |
spousal maintenance through mandatory benefits assignment order may be obtained by filing or motion for such benefits |
benefit/ burden |
state $ |
|
| RCW 41.50.540 |
Public Employees |
establishes consequences for past due deliveries of spousal maintenance including a mandatory assignment order |
benefit/ burden |
state $ |
|
| RCW 41.50.550 |
Public Employees |
ex-spouse entitled to maintenance can request to be notified if the ex-spouse member of retirement program seeks a withdrawal of accumulated contributions |
benefit/ burden |
no $ |
|
| RCW 41.50.560 |
Public Employees |
ex-spouse can request mandatory benefits assignment order if retirement program ex-spouse is more than 15 days past due in amount exceeding $100 |
benefit/ burden |
$ (not state) |
|
| RCW 41.50.650 |
Public Employees |
spouses/ ex-spouses have right to direct payments of mandatory benefits |
benefit/ burden |
state $ |
|
| RCW 41.50.700 |
Public Employees |
Department of Retirement Systems is obligated to provide direct payments to nonmember ex-spouse for the lifetime of the member’s surviving spouse |
benefit |
state $ |
|
| RCW 41.54.034 |
Public Employees |
surviving spouses of members of dual systems entitled to combine contributions to determine payments |
benefit |
state $ |
|
| RCW 41.68.020 |
Public Employees |
spouses of state employees terminated because of EO 9066 entitled to reparations |
benefit |
state $ |
|
| RCW 42.17.180 |
Elections/ Public Officials |
employers of registered lobbyists must report gifts to immediate family (incl. spouses) of public officials |
burden |
no $ |
|
| RCW 42.17.241 |
Elections/ Voting |
gifts to spouse deemed gifts to official for purposes of reporting requirements |
burden |
no $ |
|
| RCW 42.23.030 |
Public Officials |
spouses of school district officials and hospital district commissioners prohibited from some contracts with school district unless certain conditions apply |
burden |
no $ |
|
| RCW 42.52.040 |
Public Officials |
state officers and employees may not help others in transactions with state, but may help spouse and children |
benefit |
no $ |
|
| RCW 43.03.305 |
Public Officials |
members of state commission on salaries for elected officials cannot be spouse of official, employee, or lobbyist |
burden |
no $ |
|
| RCW 43.20B.120 |
Death |
if department of social and health services gives funeral assistance, six-year lien against assets left to surviving spouse |
benefit/ burden |
state $ |
|
| RCW 43.20B.330 |
Public Assistance |
spouse of person committed to mental hospital is liable to reimburse state for costs |
burden |
state $ |
|
| RCW 43.20B.430 |
Public Assistance |
if able, residents of residential rehabilitation centers must pay for care; notice and finding of responsibility to spouse |
burden |
state $ |
|
| RCW 43.43.270 |
Public Employees |
state patrol retirement: surviving spouse entitled to benefits, and if multiple patrol spouses, get highest of salaries |
benefit |
state $ |
|
| RCW 43.43.271 |
Public Employees |
surviving spouse default recipient of retirement allowance upon death of state patrol member; spouse must consent to election |
benefit |
state $ |
|
| RCW 43.43.278 |
Public Employees |
state patrol department of retirement systems to adopt rules to allow a member to select an actuarially equivalent retirement option to pay surviving spouse a reduced retirement allowance |
benefit |
state $ |
|
| RCW 43.43.280 |
Public Employees |
pension contributions by state patrol go to designee only if no surviving spouse |
benefit |
state $ |
|
| RCW 43.43.285 |
Public Employees |
if state patrol officer dies in line of duty, $150K death benefit paid to designee or surviving spouse |
benefit |
state $ |
can achieve by private action |
| RCW 43.43.310 |
Public Employees |
if state patrol officer with less than 10 years of service dies, accumulated contributions to retirement system are, by default, paid to surviving spouse; if member eligible for retirement, or, member with more than 10 years of service dies, surviving spouse may elect an actuarially reduced retirement allowance, or, accumulated contributions |
benefit |
state $ |
|
| RCW 43.185A.010 |
Public Assistance |
first time home buyer is an individual or spouse who has not owned a home during the previous three years |
burden |
state $ |
|
| RCW 46.16.305 |
Motor Vehicles |
special license plates for surviving spouses of Pearl Harbor survivors; lose on remarriage |
benefit/ burden |
no $ |
remarriage penalty |
| RCW 46.20.027 |
Motor Vehicles |
driver's licenses issued to spouses of service members remain valid and in force while service member serves unless revoked for cause |
benefit |
no $ |
|
| RCW 46.29.080 |
Motor vehicles |
car owner protected from security requirements if vehicle operated without permission, but permission deemed granted if spouse |
Burden |
no $ |
|
| RCW 46.55.120 |
Motor vehicles |
when spouse of operator of impounded vehicle is subject to economic or personal hardship, spouse is entitled to redeem vehicles or other items of personal property, taking into account public safety factors including operator’s criminal history and driving record |
Benefit/ burden |
no $ |
|
| RCW 46.70.090 |
Motor vehicles |
spouses of car dealers have right to use dealer plates |
Benefit |
state $ |
|
| RCW 46.96.220 |
Motor vehicles |
motor vehicle manufacturer or distributor with franchise agreement loses right of first refusal for proposed sale or transfer of motor vehicle dealership, when sale is to spouse |
Benefit |
$ (not state) |
|
| RCW 48.17.510 |
Insurance |
spouse may receive insurance agent’s or broker’s temporary license on death or sickness of licensed spouse |
Benefit |
no $ |
|
| RCW 48.18.020 |
Insurance |
minors over 15 have power to make insurance contracts for self or spouse |
Benefit |
no $ |
|
| RCW 48.18.060 |
Insurance |
spouse has right to insure life or disability of spouse without consent |
Benefit |
no $ |
|
| RCW 48.18.375 |
Insurance |
may assign rights under group insurance policy to spouse |
Benefit |
no $ |
|
| RCW 48.18.440 |
Insurance |
life insurance policy made payable to spouse of insured inures to the separate use and benefit of such spouse, except that beneficial interest of a spouse in a policy upon life of a child of the spouses is deemed a community interest |
Benefit |
no $ |
|
| RCW 48.20.490 |
Insurance |
spouse has right to continue disability insurance coverage after termination of marriage without physical, etc. |
Benefit |
no $ |
|
| RCW 48.21.260 |
Insurance |
spouses have same conversion rights for group disability policies as members |
Benefit |
no $ |
|
| RCW 48.21A.030 |
Insurance |
extended health insurance available to seniors and spouses |
Benefit |
no $ |
|
| RCW 48.22.005 |
Insurance |
“named insured” means individual named in declarations of policy and includes spouse if resident of same household |
benefit/ burden |
no $ |
|
| RCW 48.22.030 |
Insurance |
spouse has right to reject underinsured motorists’ coverage |
Benefit |
no $ |
|
| RCW 48.23.320 |
Insurance |
life insurer may pay proceeds to surviving spouse |
Benefit |
$ (not state) |
|
| RCW 48.24.010 |
Insurance |
spouse has right to take out life insurance coverage on other spouse |
Benefit |
no $ |
|
| RCW 48.24.030 |
Insurance |
spouses of state employee insureds have right to coverage and conversion |
Benefit |
no $ |
|
| RCW 48.25.160 |
Insurance |
if beneficiary does not surrender policy, company may pay to relatives by marriage |
Benefit |
$ (not state) |
|
| RCW 48.41.090 |
Insurance |
member’s proportion of pool for health insurance determined by multiplying total cost of pool operation by member’s total number of resident insured persons (including spouse and dependents) divided by number of resident insured persons covered under all state health plans by all pool members |
Burden |
$ (not state) |
|
| RCW 48.44.370 |
Insurance |
conversion policy offered to spouses, whether or not member terminated for misconduct |
Benefit |
no $ |
|
| RCW 48.44.400 |
Insurance |
health care services agreements must provide right to continuing coverage on termination of marriage |
Benefit |
no $ |
|
| RCW 48.46.450 |
Insurance |
HMOs must offer conversion policies to spouses of terminated members without physical exams |
Benefit |
no $ |
|
| RCW 48.46.480 |
Insurance |
health care services agreements must include provisions to assure that spouse can continue insurance if member terminated |
Benefit |
no $ |
|
| RCW 48.66.045 |
Insurance |
issuers of Medicare supplemental insurance policies shall set rates to be equal for all policyholders except that premiums may vary based on spousal discounts and other factors |
Benefit |
$ (not state) |
|
| RCW 49.12.270 |
Labor Regulations |
employee entitled to sick leave may use sick leave to care for spouse with serious or emergency health condition |
benefit |
$ (not state) |
|
| RCW 49.48.100 |
Employment |
assignment of future wages is not valid without written consent of spouse |
Benefit/ Burden |
$ (not state) |
|
| RCW 49.48.120 |
Employment |
employers must pay unpaid wages to surviving spouses on death |
benefit |
$ (not state) |
|
| RCW 49.78.080 |
Employment/ Insurance |
employers must allow employees on leave to continue insurance, including spouse coverage, at own expense |
benefit |
$ (not state) |
|
| RCW 50.04.180 |
Employment |
employment does not include services performed for spouse |
Benefit/ Burden |
no $ |
|
| RCW 50.20.050 |
Public Assistance |
unemployment insurance available to those who leave work voluntarily because spouse’s employment requires relocations |
Benefit |
state $ |
|
| RCW 50.40.020 |
Unemployment Compensation |
benefits received by any individual not commingled with other funds of recipient are exempt from remedy for collection of debts unless debt was incurred for necessaries furnished the individual or his spouse during time of unemployment |
benefit/ burden |
no $ |
|
| RCW 50.44.040 |
Employment |
spouses of students need not pay for/ have unemployment insurance if employed by school and consent |
Benefit/ Burden |
state $ |
|
| RCW 51.08.020 |
Employment |
workers comp. beneficiaries include spouses, but not if abandoned |
Benefit |
$ (not state) |
|
| RCW 51.12.020 |
Employment |
officers of non-public company exempt from workers comp. coverage if all related by marriage |
Benefit |
state $ |
|
| RCW 51.12.080 |
Employment |
common carriers liable to surviving spouse in death of railroad workers |
Benefit |
$ (not state) |
|
| RCW 51.32.010 |
Employment |
if worker killed in course of employment, compensation to spouse |
Benefit |
$ (not state) |
|
| RCW 51.32.050 |
Employment |
where injured worker dies entitled to up to 60% of wages for life or until remarriage (resurrected if remarriage terminates) |
Benefit/ Burden |
$ (not state) |
remarriage penalty |
| RCW 51.32.060 |
Employment |
5% greater disability payments if married at time of injury leading to permanent total disability |
Benefit |
$ (not state) |
|
| RCW 51.32.067 |
Employment |
spouse must consent to election of option that excludes from benefits paid to injured workers |
benefit/ burden |
$ (not state) |
|
| RCW 51.32.072 |
Employment |
workers’ compensation available to spouses of pre-1971 disabled, unless remarried |
benefit/ burden |
$ (not state) |
remarriage penalty |
| RCW 51.32.135 |
Employment |
spouse must consent to conversion of pension benefits to lump sum |
benefit/ burden |
$ (not state) |
|
| RCW 59.18.220 |
Real Property |
spouse of a member of the armed forces may terminate a tenancy for a specified time if the tenant’s spouse receives reassignment or deployment orders |
benefit |
no $ |
|
| RCW 59.20.060 |
Real Property |
mobile home space tenancy cannot contain waiver of homestead rights, which may be waived after default in rent, signed by both spouses |
benefit |
$ (not state) |
|
| RCW 59.20.090 |
Real Property |
spouse of a member of the armed forces may terminate a rental agreement with less than 30 days notice if the tenant’s spouse receives reassignment or deployment orders |
benefit |
no $ |
|
| RCW 59.22.080 |
Real Property |
must pay fee for mobile home title transfers, but not for addition or deletion of spouses |
benefit |
state $ |
|
| RCW 60.04.211 |
Community Property |
claim of lien is notice to husband and wife and valid against community interest of both |
burden |
$ (not state) |
|
RCW 64.06.010
-
RCW 64.06.020 |
Real Property |
disclosure requirements as to residential real property do not apply to gifts between spouses or transfers in connection with dissolution |
benefit |
no $ |
|
| RCW 64.28.040 |
Real Property/ Community Property |
joint tenancy of husband and wife, when severed, is presumed to be community property |
benefit/ burden |
no $ |
|
| RCW 65.12.020 |
Real Property |
application for registration of land titles must include name and age of spouse |
benefit/ burden |
no $ |
|
| RCW 65.12.200 |
Real Property |
decrees of land registration shall state whether owner is married, name of spouse |
benefit/ burden |
no $ |
|
| RCW 65.12.255 |
Real Property |
certificate of land registration contains marital status and name of spouse |
benefit/ burden |
no $ |
|
| RCW 66.24.025 |
Alcoholic Beverages |
liquor license may be transferred without charge to surviving spouse of deceased licensee |
benefit |
no $ |
|
| RCW 67.70.180 |
Public Employees |
spouses of lottery commission members, directors, or employees cannot buy lottery tickets |
burden |
no $ |
|
| RCW 68.32.020 |
Death |
spouse has vested right in internment of own remains next to those of spouse |
benefit |
no $ |
Key benefit |
| RCW 68.32.030 |
Death |
only final divorce decree can terminate vested right of interment |
benefit |
no $ |
|
| RCW 68.32.040 |
Death/ Probate |
burial plot descends to surviving spouse on death of owner |
benefit |
no $ |
|
| RCW 68.32.110 |
Death |
spouse has first priority on space in family plot |
benefit |
no $ |
|
| RCW 68.32.120 |
Death |
if parents and children of plot owner survive, spouses of children and heirs get right of interment |
benefit |
no $ |
|
| RCW 68.32.130 |
Death |
spouse may waive right of interment in favor of any other relative or spouse of relative |
benefit |
no $ |
|
| RCW 68.36.020 |
Death |
cannot place five-year notice of unoccupied cemetery space if member of record owner’s family (including spouse) has been buried there within twenty years |
benefit |
no $ |
|
| RCW 68.44.030 |
Death |
spouses of cemetery officer, trustee, or director may not borrow funds from endowment care |
burden |
no $ |
|
| RCW 68.50.100 |
Death |
dissection only allowed in limited circumstances, as when authorized by spouse |
benefit |
no $ |
|
| RCW 68.50.101 |
Death |
surviving spouse has first priority to authorize or refuse autopsy |
benefit |
no $ |
cannot get right by contract |
| RCW 68.50.105 |
Death |
only family members (including surviving spouse, have right to review autopsy |
benefit |
no $ |
cannot get right by contract |
| RCW 68.50.200 |
Death |
surviving spouse has first priority to authorize or block removal of remains from cemetery |
benefit |
no $ |
cannot get right by contract |
| RCW 68.50.160 |
Death |
surviving spouse has first right to control disposition of remains |
benefit |
no $ |
cannot get right by contract |
| RCW 68.50.550 |
Death |
spouse has third priority (after guardian and holder of durable health care power) to make anatomical gifts |
benefit |
no $ |
can get by private action |
| RCW 69.50.505 |
Criminal Law; Community Property |
community property interest in real property cannot be seized if spouse did not participate in violation giving right to seizure |
benefit |
no $ |
|
| RCW 70.24.210 |
Education |
sex education materials must emphasize the importance of abstinence outside of lawful marriage |
benefit |
no $ |
|
| RCW 70.47.020 |
Health Care |
eligibility for subsidy in state basic health plan determined by sum of income of person and spouse, if any |
benefit/ burden |
state $ |
marriage penalty |
| RCW 70.47.060 |
Health Care |
business owners may apply for basic health plan coverage for spouses and employees |
benefit |
$ (not state) |
|
| RCW 70.58.080 |
Vital Statistics |
birth certificate includes name of father if married to mother |
benefit |
no $ |
|
| RCW 70.122.030 |
Health Care |
witnesses to health care powers may not be related by blood or marriage |
burden |
no $ |
|
| RCW 70.123.020 |
Public Assistance/ Domestic Violence |
definition of cohabitant includes only married persons and those living with someone of the opposite sex; only married persons or those in opposite sex relationships eligible to live in publicly supported shelters |
benefit |
no $ |
blatant sexual orientation discrimination |
| RCW 70.129.140 |
Public Assistance |
residents of adult family homes have right to share double room with spouse if both are in the same facility |
benefit |
no $ |
|
| RCW 70.190.065 |
Public Assistance |
community public health and safety network members cannot authorize expenditures if spouse has a fiduciary interest |
burden |
no $ |
|
| RCW 71.05.100 |
Mental Health |
spouse of committed person responsible for treatment costs |
burden |
state $ |
|
| RCW 71.05.220 |
Mental Health |
inventory of personal property of committed person available for inspection by spouse |
benefit |
no $ |
|
| RCW 71.05.400 |
Mental Health |
spouse has first priority for notice and information about committed person |
benefit |
no $ |
|
| RCW 71.05.425 |
Mental Health/ Criminal Law |
next of kin (may be a spouse) of victim of sex or violent crime entitled to notice of release or discharge of offender |
benefit |
no $ |
|
| RCW 71.09.080 |
Mental Health |
spouse considered “responsible relative” of committed person and given access to inventory of personal goods |
benefit |
no $ |
|
| RCW 71.09.140 |
Mental Health/ Criminal Law |
spouse of victim entitled to notice of escape or release of offender (automatic, but others may get on request) |
benefit |
no $ |
can get by private action |
| RCW 71.09.210 |
Mental Health |
committed people may be granted escorted leave for illness/ funeral of spouse |
benefit |
no $ |
|
| RCW 71A.20.100 |
Mental Health |
spouse has priority as guardian for resident of habilitation center |
benefit |
no $ |
|
| RCW 72.01.280 |
Public Employees |
officers of mental institutions furnished with room and board for selves and spouses |
benefit |
state $ |
|
| RCW 72.01.370 |
Corrections/ Prisons |
inmates may have escorted leaves for illness/ funeral of spouse |
benefit |
no $ |
|
| RCW 72.23.120 |
Mental Health |
spouse liable for payments for voluntary hospitalization |
burden |
no $ |
|
| RCW 72.36.030 |
Veterans/ Public Assistance |
spouses of veterans eligible to live in veterans homes if married three years and over 50; lose right on remarriage |
benefit; burden |
state $ |
remarriage penalty |
| RCW 72.36.040 |
Veterans/ Public Assistance |
spouses of veterans, if indigent, eligible to live in colony of state soldiers’ home; lose right on remarriage |
benefit; burden |
state $ |
remarriage penalty |
| RCW 72.36.050 |
Veterans/ Public Assistance |
members of soldiers’ colony, including spouses, entitled to medical assistance, food, and clothing |
benefit |
state $ |
|
| RCW 72.36.070 |
Veterans/ Public Assistance |
special home for state war veterans and spouses |
benefit |
state $ |
|
| RCW 72.36.110 |
Veterans/ Death |
spouses of veterans may be buried in veterans’ cemeteries |
benefit |
no $ |
|
| RCW 72.64.040 |
Prisons/ Corrections |
spouse may be paid earnings of prisoner |
benefit |
$ (not state) |
|
| RCW 72.66.026 |
Prisons/ Corrections |
furloughed prisoners do not need written permission of spouse to drive spouse’s car |
benefit/ burden |
no $ |
|
| RCW 73.04.010 |
Veterans |
no fees may be charged of spouses of veterans for certificates needed for pensions, etc. |
benefit |
state $ |
|
| RCW 73.04.115 |
Veterans/ Motor Vehicles |
surviving spouses of prisoners of war get free license plates; lose right if remarry |
benefit/ burden |
state $ |
remarriage penalty |
| RCW 73.04.120 |
Veterans/ Vital Statistics |
free certificates from clerks for surviving spouses of veterans when needed for US veterans claims |
benefit |
state $ |
|
| RCW 73.08.070 |
Veterans/ Death/ Public Assistance |
counties must provide up to $300 for burial of indigent spouses of veterans |
benefit |
state $ |
|
| RCW 73.08.080 |
Veterans/ Public Assistance |
property taxes authorized for creation of fund to protect indigent veterans and spouses |
benefit |
state $ |
|
| RCW 73.16.010 |
Public Employees/ Veterans |
spouses of deceased or disabled veterans granted preference in public employment |
benefit |
no $ |
|
| RCW 74.04.005 |
Public Assistance |
home is not considered a resource for purposes of public general assistance eligibility if lived in by spouse |
benefit |
state $ |
|
| RCW 74.08A.110 |
Public Assistance |
in determining eligibility benefits, the income and resources of an alien’s spouse is includable |
burden |
state $ |
|
| RCW 74.09.545 |
Public Assistance |
if community income of a nonapplicant spouse exceeds that of the applicant, eligibility for medical assistance |
benefit |
state $ |
|
| RCW 74.09.575 |
Public Assistance |
policy to allow maximum resources to community spouse of institutionalized person |
burden |
state $ |
|
| RCW 74.09.595 |
Public Assistance |
due process for spouses of institutionalized persons on resource valuation |
benefit |
no $ |
|
| RCW 74.13.103 |
Adoption |
for purposes of adoption fees, husband and wife treated as single prospective adoption parent |
benefit |
state $ |
|
| RCW 74.15.030 |
Adoption |
secretary has power to investigate relatives by marriage of prospective parents |
burden |
no $ |
|
| RCW 74.20.230 |
Adoption/ Child Support |
spouse responsible for child support of jointly adopted children |
burden/ benefit |
$ (not state) |
|
| RCW 74.20.240 |
Adoption/ Child Support |
court has power to compel child support by spouse for adopted children receiving public assistance |
burden/ benefit |
$ (not state) |
|
| RCW 74.20.250 |
Adoption/ Child Support |
petition for child support from spouse may be made without filing fee |
benefit |
$ (not state) |
|
| RCW 74.20A.055 |
Adoption/ Child Support |
one married to parent is a responsible parent for purposes of support obligation |
burden/ benefit |
$ (not state) |
|
| RCW 74.34.210 |
Torts |
right of action for surviving spouse on death of vulnerable person who is spouse |
benefit |
$ (not state) |
|
| RCW 74.42.070 |
Health Care/ Public Assistance |
married residents have right to privacy during visits and right to share room if both spouses are residents |
benefit |
no $ |
|
| RCW 77.12.047 |
Fishing |
spouses of private tideland owners not subject to regulation on taking of shellfish on private tidelands |
benefit |
no $ |
|
| RCW 77.15.570 |
Fishing |
spouses of treaty Indian fishermen may assist in exercising treaty rights |
benefit |
$ (not state) |
|
| RCW 77.65.020 |
Fishing |
commercial fishing licenses transferable to surviving spouse for no fee |
benefit |
state $ |
|
| RCW 77.65.030 |
Fishing |
surviving spouse of a commercial license holder must be given an additional 180 days to renew license or permit |
benefit |
no $ |
|
| RCW 77.70.140 |
Fishing |
may transfer whiting-Puget Sound fishery license to spouse by gift, bequest, etc. |
benefit |
$ (not state) |
|
| RCW 77.70.150 |
Fishing |
sea urchin dive fishery licenses: only 45 total, transferable between spouses |
benefit |
$ (not state) |
|
| RCW 77.70.190 |
Fishing |
sea cucumber fishing licenses transferable between spouses |
benefit |
$ (not state) |
|
| RCW 79A.05.065 |
Parks and Recreation |
senior citizens entitled to discount on campsite rentals only if income, with spouse, is below limit |
burden |
state $ |
|
| RCW 80.28.080 |
Utilities |
no reduced rates may be generally available, but may offer reduced rates to spouses of veterans |
benefit |
$ (not state) |
|
| RCW 81.28.080 |
Common Carriers |
may offer reduced rates to spouses of veterans (if deceased, then prior to remarriage) |
benefit |
$ (not state) |
remarriage penalty |
| RCW 81.80.270 |
Common Carriers |
permits transferable when partnerships change because of death and transfer to surviving spouse |
benefit |
$ (not state) |
|
| RCW 81.80.272 |
Common Carriers |
surviving spouses entitled to temporary permits without compliance with prior application requirements |
benefit |
no $ |
|
| RCW 82.45.010 |
Taxes |
assignment of property from one spouse to another in connection with a dissolution is not a sale for tax purposes |
benefit |
state $ |
key benefit |
| RCW 83.110.050 |
Taxes |
exemption from estate taxes in accordance with federal law |
benefit |
state $ |
tied to federal law |
| RCW 84.34.020 |
Property Taxes |
classification of land as farm and agricultural land may shift on transfer (become subject to stricter test), but not if transfer is to surviving spouse |
benefit |
state $ |
|
| RCW 84.36.041 |
Property Taxes |
nonprofit homes for aging exempt from property taxes if tests are met, including numbers of eligible residents, determined by taking into account incomes of spouses |
benefit/ burden |
state $ |
|
| RCW 84.36.381 |
Property Taxes |
exemptions for residences available if spouse is in hospital, both are poor |
benefit/ burden |
state $ |
|
| RCW 84.36.383 |
Property Taxes |
combined disposable income includes that of spouse |
burden |
state $ |
|
| RCW 84.38.030 |
Property Taxes |
surviving spouse maybe eligible for property tax deferral if over 57 |
benefit |
state $ |
|
| RCW 84.38.070 |
Property Taxes |
deferral not available where claimant does not live on property by Dec. 15 of claim year, unless claimant dies and surviving spouse also eligible |
benefit |
state $ |
|
| RCW 84.38.130 |
Property Taxes |
deferred property taxes payable on death, but may be further deferred by surviving spouse |
benefit |
state $ |
|
| RCW 84.38.150 |
Property Taxes |
surviving spouse may elect to continue deferral or property taxes on residence as long as qualifications met |
benefit |
state $ |
|
| RCW 85.38.105 |
Voting Rights |
spouse automatically entitled to vote in special district elections with respect to community property |
benefit |
no $ |
|
| RCW 87.03.045 |
Voting Rights |
both husband and wife entitled to vote in district if property is community, even if they do not meet requirements (over 10 acres) for having 2 votes |
benefit |
no $ |
|
| RCW 89.12.100 |
Irrigation and Reclamation |
amount of land that state can sell in particular district limited by family unit (incl. spouses) |
burden |
$ (not state) |
|
| RCW 91.08.030 |
Water Rights |
married persons must join in petitions regarding proposed waterways |
benefit/ burden |
no $ |
|