Legal Question in Family Law in Washington

After 16 years of marriage. my husband and I seperated. That was 10 years ago. The company he worked at for 32 years closed down. He is now collecting retirement benefits. I would like to know if I'm entitled to some of his benefits and if so. how do you figure an amount?


Asked on 6/13/12, 11:05 pm

1 Answer from Attorneys
Jonathan Baner Baner & Baner

Probably. It is necessary to draft a domestic relations order as part of the legal separation or dissolution (are you legally separated or simply living apart?) You would also do all the other things in a disso or legal separation for dividing assets. Be VERY careful about who does your domestic relations order to ensure that they know about ERISA and have done the orders before (a court must sign off on even an agreed division or the plan administrator will not recognize it).

If you are in the Pierce/Thurston area my firm would love to assist you, and if you are somewhere else just call my office and I am sure I can offer a referral. Thanks!

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Answered on 6/16/12, 11:46 am


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