[WSBAPT] Asset protection for "innocent" spouse

[Susan Spuller]

Listmates, I have been approached for assistance in protecting the separate property of W whose spouse, H, has been diagnosed with a medical condition that makes it questionable whether he should continue to operate a motor vehicle.  H has declined to give up driving, however, and W is very concerned that H's condition will cause an accident that will result in a lawsuit putting her own assets at risk.  This is an older couple, second marriage of only a few years.  W says assets have been kept separate throughout the marriage except that they purchased their residence together and are each 50% owners.  Of the two of them, she has considerably more in assets while H has a much better income stream.  I realize that RCW 26.16.190 says a plaintiff should not be able to recover against W's separate assets, but W is reluctant to leave it at that.  I'm considering drafting a postnuptial agreement defining the separate assets and including an indemnification clause.  Has anyone done a postnup for this purpose? Does anyone have any additional/better ideas?  And, yes, I have told W to take away the keys and get a better umbrella policy.  Thanks for any thoughts.


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Susan E. Spuller
Attorney at Law

Peterson Spuller, PLLC
345 Knechtel Way NE, Suite 102<https://www.google.com/maps/search/345+Knechtel+Way+NE,+Suite+102+Bainbridge+Island,+WA+98110?entry=gmail&source=g>
Bainbridge Island, WA 98110<https://www.google.com/maps/search/345+Knechtel+Way+NE,+Suite+102+Bainbridge+Island,+WA+98110?entry=gmail&source=g>
206.855.9293
Fax: 206.678.0105
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