MOGREN, GLESSNER & ROTI, P.S.

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RETIREMENT PLANS IN WASHINGTON DIVORCE

Pension and retirement benefits are generally considered property subject to distribution by the Court in a dissolution action, whether or not the benefits are vested.  The law considers these benefits to represent deferred compensation.  This means they were accrued during the marriage and belong to the marital community, rather than to the spouse whose employment generated them.

There are many retirement benefits to consider in a property division, including IRA's, pension plans, 401K's, stock options, sick leave and deferred compensations.

A pension plan can be divided in two primary methods.  First is to find the present value of the future stream of benefits, by sending the information to an actuary, who uses life expectancy tables and projected interest rates to determine its value in todays dollars. This benefit can then be awarded to one spouse and offset with other assets to the other spouse.  The other method is to use a Qualified Domestic Relations Order (QDRO) to divide the benefit now, so that both spouses will share the benefit at retirement age. This QDRO can award a spouse an interest in a retirement benefit without incuring any present tax or penalty.

Washington State pensions, including Public Employees' Retirement System (PERS), Teachers' Retirement System (TRS), School Employees' Retirement System (SERS), Law Enforcement Officers' and Fire Fighters' Retirement System (LEOFF), Washington State Patrol Retirement System (WSPRS), Judicial Retirement System (JRS), and Judges' Retirement Fund (JRF), all require special statutory treatment for division.   Specific information on these pensions can be found at the following web page http://drs.wa.gov/member/division.htm.

A family law attorney can advise you on how retirement benefits can fit into a fair division of assets, and help in getting them valued.

Our firm consist of three lawyers, Peter W. Mogren, Ronald E. Glessner, and Ruth A. Roti.  Our emphasis is in family law, wills and probate, and personal injury.  Please click on the topics above for details about these areas of practice, including divorce, legal separation, property division, child support, spousal maintenance, parenting plans, modifications, paternity, adoption, wills, Community Property Agreements, Durable Power of Attorney, and probate.

Our firm is conveniently located in Renton, King County, Washington, just off the freeway at the intersection of I-405 and I-167.  Our attorneys represent clients throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Auburn, Maple Valley, Federal Way, Des Moines, Burien, SeaTac, Enumclaw and most of south King County.

The free information contained in these pages is not intended to be legal advice, and does not create an attorney-client relationship. You should always consult with an attorney before taking any action. Feel free to call us at 425-255-4542.

 

 

 

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