Washington state
Prenuptial agreements in Washington
Washington is one of nine community property states, and one of the few where courts may award a spouse's separate property to the other at divorce. A prenup lets both partners define their own terms rather than relying on these default rules.
Flat fee of $5,000 per couple. Two independent attorneys.
Community property
Washington's community property framework
Under Washington law, property acquired during the marriage is generally presumed to be community property. At divorce, courts are not required to split property equally. Instead, they may divide it in any proportion deemed "just and equitable" given the circumstances.
The community property presumption
Property acquired during the marriage by either spouse is generally presumed to be community property, regardless of whose name is on the title. This includes income from employment, property purchased with that income, and growth in community assets.
At dissolution, the court divides community property in whatever proportion it finds "just and equitable." This is not an automatic 50/50 split. Courts consider factors like the length of the marriage, each spouse's economic circumstances, and each partner's contributions.
Your attorney can explain how these presumptions apply to your specific situation.
The separate property risk
Unlike most states, Washington courts may award one spouse's separate property to the other at divorce.
Under RCW 26.09.080, courts have discretion to distribute all property owned by either or both spouses, including property that would otherwise be characterized as separate. This means assets you owned before the marriage, inherited, or received as a gift could potentially be awarded to your spouse.
A prenup can address how separate property is treated and may help both partners retain clarity about what belongs to whom.
Enforceability
The Matson fairness test
Washington has not adopted the Uniform Premarital Agreement Act. Instead, courts evaluate prenups under a common law framework established in In re Marriage of Matson (1986). The burden of proving the agreement is enforceable falls on the spouse seeking to enforce it.
Substantive fairness
The court first asks whether the agreement is substantively fair at the time enforcement is sought. If the agreement appears fair on its face, taking into account the circumstances that exist when enforcement is sought, the inquiry typically ends here and the agreement is upheld.
If the agreement is found to be substantively fair, courts generally do not proceed to the second prong.
Procedural fairness
Only if the agreement appears substantively unfair does the court examine procedural fairness. This includes whether there was full and fair disclosure of assets, whether both parties entered the agreement voluntarily, and whether both had the opportunity to seek independent counsel.
In In re Marriage of Bernard (2009), the court invalidated a prenup that was both substantively and procedurally unfair.
Neptune's process addresses these factors by connecting each partner with independent counsel, facilitating financial disclosure through a guided intake, and building in time for both parties to review and negotiate terms without pressure.
Tech equity
The time rule and equity compensation
In re Marriage of Short (1995) established Washington's "time rule" for characterizing unvested stock options. The court looked at the ratio of time worked before marriage versus during marriage to determine what portion of unvested options might be considered community property.
This framework is particularly relevant for employees at Amazon, Microsoft, and other Washington-based tech companies where equity compensation can represent a significant portion of total pay. RSUs, ISOs, and NSOs that vest over multiple years may be subject to this time-based analysis.
A prenup can address how equity compensation is characterized as it vests, potentially simplifying what could otherwise become a complex tracing exercise. Your attorney can explain how the time rule might apply to your specific vesting schedule and grant dates.
RSUs vesting during marriage
Restricted stock units granted before or during marriage that vest over time may be partially characterized as community property based on the time rule.
Stock options (ISOs and NSOs)
Unvested options that span the marriage boundary may be subject to allocation between separate and community property interests.
Startup founder equity
Equity in a pre-marriage startup that grows during the marriage may raise characterization questions about appreciation and effort contributions.
Refresher grants
New equity grants received during the marriage for continued employment may be treated differently than pre-marriage grants.
Requirements
What Washington law requires
Under RCW 26.16.120, Washington prenups must meet certain formal requirements. Unlike some states, Washington has not adopted the Uniform Premarital Agreement Act, so courts rely on common law standards.
Written agreement
Must be in writing. Oral prenuptial agreements are not enforceable in Washington.
Signed by both parties
Both partners must sign the agreement. Electronic signatures may or may not satisfy this requirement depending on circumstances.
Witnessed and acknowledged
Must be witnessed, acknowledged, and certified in the same manner as deeds to real estate under Washington law.
Financial disclosure
Full and fair disclosure of assets and liabilities is expected. Inadequate disclosure may weigh against enforceability under the Matson test.
Timing and voluntariness
While there is no statutory waiting period, signing well before the wedding helps demonstrate that both parties entered the agreement voluntarily and without undue pressure.
Independent counsel
While not strictly required by statute, having independent counsel for both parties is a strong factor in demonstrating procedural fairness under the Matson framework.
Prenup cost in Washington
What a prenup typically costs in Washington
Costs vary across Washington, with Seattle metro generally at the higher end due to the concentration of tech professionals with complex equity compensation. Hourly billing means final costs depend on negotiation complexity.
Seattle metro area
$6,000 - $10,000+
- Per couple, both attorneys
- Complex tech equity cases higher
- Hourly billing common
Statewide average
$4,000 - $8,000
- Per couple, both attorneys
- Simpler cases at lower end
- Each partner typically hires separately
Neptune flat fee
$5,000
- Two independent attorneys included
- One flat fee, no hourly billing
- Below Seattle average for full service
- Rush pricing for weddings within 45 days
No payment to get started. Free consultation with your attorney.
How it works
Three steps to your Washington prenup
Tell us about your situation
Answer questions about your finances, assets, and goals. The guided intake covers common Washington asset types including tech equity, real estate, business interests, and retirement accounts. No payment required at this stage.
Get paired with your attorneys
Each partner is paired with a separate, independent attorney licensed in Washington. You each get a free consultation to discuss your goals and ask questions before committing. Independent counsel for both parties strengthens enforceability under the Matson framework.
Review, negotiate, and sign
Your drafting attorney prepares the agreement. The reviewing attorney ensures the other partner's interests are represented. Both attorneys coordinate to meet Washington's witnessing and acknowledgment requirements. The process is designed to address the Matson fairness factors.
Common questions about Washington prenups
What is community property and how does it work in Washington?
Washington is one of nine community property states. Under this framework, property acquired during the marriage is generally presumed to belong to both spouses equally. However, Washington courts are not required to divide property 50/50. Instead, the court may divide community property in any proportion it deems "just and equitable" based on the circumstances. A prenup allows both partners to define their own terms rather than relying on this default framework.
Can a Washington court really give away my separate property?
Under RCW 26.09.080, Washington courts have the authority to distribute all property at divorce, including property that would otherwise be considered separate. This is unusual compared to most states, where separate property generally stays with the spouse who owns it. A prenup can address how separate property is treated and may help partners retain clarity about what belongs to whom if the marriage ends. Your attorney can explain how this applies to your specific assets.
How does the Matson fairness test work?
Under In re Marriage of Matson (1986), Washington courts evaluate prenups using a two-pronged test. First, the court asks whether the agreement is substantively fair at the time of enforcement. If the agreement is fair on its face, the inquiry typically stops there. If the agreement appears substantively unfair, the court then evaluates procedural fairness, including whether there was full disclosure and whether both parties entered the agreement voluntarily. The burden of proving the agreement is enforceable falls on the spouse seeking to enforce it.
What about my tech company stock or RSUs?
In re Marriage of Short (1995) established a "time rule" for characterizing unvested stock options in Washington. The court looked at the ratio of time worked before marriage versus during marriage to determine what portion might be considered community property. This framework is particularly relevant for employees at Amazon, Microsoft, and other Washington-based tech companies with equity compensation. A prenup can address how RSUs, stock options, and other equity are characterized as they vest over time.
How much does a prenup cost in Washington?
In the Seattle metro area, prenuptial agreements typically cost $6,000 to $10,000 or more per couple when each partner hires their own attorney. Statewide, couples generally spend $4,000 to $8,000 total. Neptune offers a flat fee of $5,000 per couple that includes two independent attorneys, one for each partner, with no hourly billing regardless of complexity.
How long does the process take in Washington?
When both partners use Neptune attorneys, turnaround is typically around 3 to 4 weeks. Complex financial situations involving significant tech equity, real estate portfolios, or business interests may require additional time. A good rule of thumb is to begin at least 60 to 90 days before the wedding to allow for thorough review, negotiation, and finalization without time pressure. Rush pricing applies when the wedding is within 45 days.
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