In Washington, the law requires a just and equitable division of property. But this does not mean that the property and assets will be divided equally among the separating couple. In other words, the court has to fairly determine the case with all factors considered. In some cases, the court awards the spouse with less income a bigger share of the property to sustain themselves after the marriage. This may even mean awarding the spouse with less income some separate property belonging to the other spouse. However, beware that the court won’t consider any marital fault when dividing properties and assets between spouses.