In re the Marriage of Muhammad

Summary

The Washington Supreme Court held that a dissolution court improperly considered marital fault when it treated the wife’s procurement of a domestic violence protection order as contributing to the husband’s unemployment and adjusted the property distribution accordingly. The court reversed the Court of Appeals, remanded for a new property division before a different judge, and directed reconsideration of assets acquired during the parties’ premarital meretricious relationship.

Holdings

1. A dissolution court may not hold one spouse's assertion of the legal right to obtain a protective order against that spouse in the property distribution, even when the order causes the other spouse to lose employment. The trial court's consideration of Gilbert's decision to obtain the order constituted an abuse of discretion.
2. On remand, the trial court must reconsider all assets acquired by both parties during the parties' meretricious relationship, including the approximately $8,200 portion of Muhammad's pension.
3. Gilbert's request for appellate attorney fees and costs was left for consideration on remand. The parties could submit evidence concerning Muhammad's ability to pay, and the trial court could award fees if appropriate.

Questions Presented

1. Whether the trial court improperly considered Gilbert's decision to obtain a domestic-violence protection order as marital fault in distributing the parties' property.
2. Whether the trial court properly considered pension benefits acquired during the parties' premarital meretricious relationship.
3. Whether Gilbert was entitled to attorney fees and costs under RCW 26.09.140.

Disposition

reversed_and_remanded