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

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


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.

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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. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

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

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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.

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This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

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