LEGAL GUIDE
Written by attorney Paul Christian Posadas | Jun 29, 2016

Retirement

The state of Washington considers retirement benefits earned during the marriage to be community property, and owned equally by both spouses, but defining those benefits can be very difficult. Protection of, and division of, retirement benefits is one of the most heated and contested issues in divorce. The high wage earner argues they earned the money, and that it is their retirement. The financially weaker spouse argues that they maintained the home, or forfeited their potential career, to support the high wage earning spouse, and that the retirement benefits are community property to be shared. The state of Washington considers retirement benefits earned during the marriage to be community property, and owned equally by both spouses, but defining those benefits can be very difficult.

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