Division of Retirement Benefits in Divorce

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.

Our lawyers have the required experience in working on both sides of this issue. We have helped high wage earners protect their retirement benefits from overreaching spouses and we have helped to prove a fair share of retirement benefits for financially weaker spouses.

A major difficulty in apportioning retirement is to establish the current dollar value of the benefit. There are numerous types of retirement systems and programs. Some are employer based. Some are self funded. Some are a combination. Some can be divided in cash accounts during the divorce. Some programs cannot be accessed and divided until retirement age. Each plan brings with it different problems in establishing an actual dollar value and a reasonable approach to division. Most high income earners will need professional help to properly value their retirement benefits.

Another difficulty can be in determining when the benefit was earned, and what portion has vested during marriage. It is often not clear cut and requires investigation by an experienced legal team.

Even though retirement benefits earned during marriage are community property, that does not mean the court will divide the benefits equally. The benefits are another asset on the table to be considered in the overall property and debt division.

Retirement benefits are much more clearly defined and regulated for military members; but must still be carefully calculated and strongly negotiated in order to protect your best interests.

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