[WSBAPT] Spousal awards under RCW 11.54.010

[Dalynne Singleton]

Has anyone successfully made a petition for spousal award under RCW 11.54.010 for a widow when the parties were legally separated at the time of death (with no decree of legal separation contract reached) or petition for spousal award by an omitted spouse from a Will who was not financially supported by the husband before death?

I've been doing my research and realize unless there was a decree of legal separation, death terminates the marriage and all community and separate property are treated as if no separation had happened (except for separate property or debt incurred after separation) and award of family support can be made.

I'd love to hear how you approached similar estates and if successful in obtaining orders, to share with me those or cites to cases so I can obtain copies of petition and orders.
Very interesting research since I don't do any family law...

19 WA Prac provides:

The community estate becomes subject to probate (absent the existence of a community property agreement or separation contract),4 payment of the community debts,5 payment of the separate debts6 liabilities of the deceased spouse,7 award of family support (which includes awards formerly called homestead, award in lieu of homestead, and award of family allowance),8 and costs of administration of the estate.9 Further, in some estates, inheritance or estate taxes may be imposed.


Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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