We have been married 5 years and in the legal separation agreement she did not put military retirement in it. I am going to file for divorce soon. Is the separation decree set in stone.
I can only make some general comments which aren't legal advice, since I don't practice law in Washington or hold licensure there, but if memory serves, Washington is a community property state. Just applying general principles of law, to the extent someone was accruing retirement benefits during a marriage in a community property state, it seems likely to me that the person's spouse has a claim on some portion of the retirement as an asset of the community. But the extent of that claim is something which needs to be evaluated by a lawyer who handles divorces in Washington and is knowledgeable about dividing military pensions, qualified domestic relations orders, and related matters. You should consult such a lawyer.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
If one spouse in a divorce has a retirement plan, it may be split between the parties. How the plan is split depends on its type and value.
Written by attorney Graham Norris
A Qualified Domestic Relations Order (QDRO) is a special court order that is used to instruct a plan administrator to pay funds to an ex-spouse, after those funds have been split by a... more