Are forthcoming pensions and social security subject to division of assets after divorce in a no-fault divorce state?

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Are forthcoming pensions and social security subject to division of assets after divorce in a no-fault divorce state?

I will be eligible within 2 years to pension + social security.

Asked on June 26, 2012 under Family Law, Washington

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Washington is a community property state.  The no fault provision only impacts WHY you get granted a divorce not how the property is divided.

Your pension can be QDRO'd, meaning it can be divided between the spouses and when benefits begin, you would get half the payment.  Your spouse is entitled to half the benefits earned during the marriage--since earnings are community property.  Social Secrity is a different animal, but there are some guidelines here: http://www.ssa.gov/retire2/yourdivspouse.htm  Most likely your wife would be entitled to a portion of your SSA benefits, but it isn't part of the property division.

In addition, spousal support can be modified when there is a material change in circumstances.  So, if you are making xxx now and make something different when you retire, then you or you spouse can sue to decrease or increase spousal support when things change.

QDRO's are complicated even for attorneys.  You should really consult and work with a local family law attorney to get the best result.  Best of luck.

 


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