Legal Question in Family Law in Washington

Merchant Mariner Retirement

I'm a merchant Mariner that works for the state of Washington and am in their retirement system. A divorce judge gave my wife 50% of my retirement money. The retirement system states that my retirement money is wages accruing. The CFRs state that no ''Court'' will garnishee any wages and wages acrueing of a merchant mariner. Do federal laws (CFRs) over-ride state divorce law? Can you direct me to court opinions on this subject as I can find none?


Asked on 1/14/09, 10:43 pm

1 Answer from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: Merchant Mariner Retirement

I can tell you that Federal law "overrides" State law under the Supremacy Clause. As to the specifics of your retirement and how the State divided it, I would have to see the decree and a copy of the documentation of how the specific retirement system works. Has a QDRO been prepared? That is the usual way to document the distribution of a retirement, and I would expect the agency would reject a QDRO that did not conform to laws and regulations that control it. Another question I would have is, was the issue of Federal law on Merchant Marine retirements argued to the judge? If you want to appeal this decision you have limited time to do that, you may also have a basis for vacating the decree. For the size of the asset you may be dealing with here, you need to consult an attorney and provide him/her with the details of this situation.

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Answered on 1/17/09, 2:58 am


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