My wife and I have been legally separated for 2 years and she now wants a portion of my military retirement. Is this possible.

Asked over 1 year ago - Tacoma, WA

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.

Attorney answers (5)

  1. Regina Powers Hunter

    Contributor Level 16

    5

    Lawyers agree

    Answered . I recommend a consultation with a family attorney in your area. Avvo has a great attorney directory.

  2. L. Maxwell Taylor

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  3. William Emil Cassara

    Pro

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . You should post this question in the divorce/family law forum. Divorce laws differ in every state but, in general, unless she can prove some form of "duress" the separation agreement is a legal binding contract.

  4. Bruce Clement

    Pro

    Contributor Level 19

    Answered . Yes.

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more
  5. Scott Allen Scholl

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You'll need to have your attorney review the agreement. As mentioned by Mr, Cassara, state laws vary, and also nobody can interpret the separation agreement without reading it.

    This response is for information purposes only, it does not create any attorney-client relationship.... more

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