MOGREN, GLESSNER & ROTI, P.S.

    Attorney at Law    

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 today's 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 incurring 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/.

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.

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 contact an attorney at MOGREN, GLESSNER & ROTI, P.S. at 425-255-4542 to schedule an appointment and discuss these issues with you.

 

Our law firm consists of four lawyers practicing in our Renton, King County, WA law office (easily accessible to the greater Seattle area), so you can find an attorney / lawyer who is a good fit for you.  Our experienced trial lawyers are knowledgeable and aggressive in protecting your legal rights under the Washington state marriage and divorce laws. We use our knowledge and experience to obtain the best help and results for our clients. Our emphasis is in Washington family law, divorce (contested and uncontested), simple wills and estate planning documents, probate, and personal injury.  Please click on the Helpful Legal Information button for free information and details about these areas of practice in the state of Washington, including divorce, family law, legal separation, property division, child support, spousal maintenance, parenting plan, custody, visitation, custody relocation, child support modification, custody modification, maintenance modification, parenting plan modification, contempt, third party custody, restraining order, domestic  violence, Social Security Benefits, paternity, adoption, wills, Washington Community Property Agreement, Durable Power of Attorney, living will, probate and personal injury legal rights.

Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our four family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood, Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond, Skyway, Federal Way, Des Moines, Kent Meridian, Lake Youngs, Burien, SeaTac, Factoria, Covington, Medina, Fox Island, Gig Harbor, North Bend, Snoqualmie, Sammamish, Seahurst, Redondo, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce and the drafting of simple wills, and are members of the Christian Legal Society. Our lawyers offer affordable rates (reasonably priced) for uncontested divorce.

The free information and help contained in these pages is not intended to be legal advice, and does not create an attorney-client relationship. You should always consult with a lawyer before taking any legal action. Feel free to call us at 425-255-4542 for a free telephone consultation with a family law lawyer for help regarding your marriage, divorce (contested or uncontested), custody, complex property division, child support and maintenance, adoption, will, estate plan or probate. We offer inexpensive (cheap) discount package deals and for our wills, simple will and estate planning documents. We offer a Christian perspective in our practice, yet are aggressive in protecting your rights.  Our attorneys are licensed to practice only in the State of Washington, and are easily accessible to the greater Seattle area.

Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood, Cascade, Covington, Newcastle, Normandy Park, Issaquah, Factoria, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific, Buckley, Highline, Wilkeson, Newport Hills, Clyde Hill, Coal Creek, Fox Island, Gig Harbor, White Center, Boulevard Park, Rainier Beach, Rainier Valley, Bryn Mawr, Redondo, Covington, Kent Kangley, Cougar Mountain, Preston, Ravensdale, Kanaskat, Palmer, Cumberland, Redondo, Midway, Georgetown, Riverton Heights, McMicken Heights, Eastgate, Kennydale, Medina, Overlake, Boeing, Microsoft, Paccar, Kenworth, East Renton Highlands, Preston, Kent East Hill, Lake Meridian, Green River, Star Lake, Lake Sawyer, Duwamish, Seward Park, Columbia City, Georgetown, Holly Park, Sodo, Sammamish, Seahurst, Snoqualmie, Soos Creek, Emerald Downs, Muckleshoot, Twin Lakes, Skyway, Bellevue, Enumclaw and most of south King County, WA. This includes zip codes of 98055, 98056, 98057, 98058, 98059, 98030, 98031, 98032 98042, 98038, 98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425, .  We represent clients from Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Valley Medical Center, various hospitals and insurance companies, T-Mobile, and many other employers.  We serve clients of all nationalities and ethnicities, including African American, Native American, Asian, Hispanic, Latino, Caucasian, black, Indian, Korean, Japanese, Russian, Ethiopian, Italian, Vietnamese, Pacific Islander, Philippine, Irish, English, French, German, and Chinese.  We receive clients of all faiths and religions, including Christian, Islam, Hindu, Buddhist, Muslim, Judaism, Baha'i, New Age, Scientology, Mormon, LDS Catholic, Protestant, Presbyterian, Baptist, Methodist, Pentecostal, Charismatic, Foursquare, Evangelical, Assembly of God, Jehovah Witness, Episcopal, Foursquare, Lutheran, Bible, Pentecostal, Orthodox, Adventist, Unitarian, atheist, secularist, and agnostic. We also represent clients who are members of labor unions (Teamsters, AFL-CIO, Teachers Union, NEA), unemployed or stay-at-home parents, members of service organizations (Kiwanis, Lions, Masons, Rotary, Shriners, AARP, etc), Democrat and Republican, veterans and military personnel.  Please call to talk to an affordable (inexpensive) Washington state family law attorney / lawyer for help about your divorce (contested or uncontested), complex property division, simple wills, probate or other legal issue.