Legal Question in Family Law in Washington

Re: Divorce/USFSPA

I would advise you to contact an attorney in Pierce County named Bruce Baxter. If Bruce is not available contact James Cathcart in Tacoma.

The decree is final now; you could file with the divorce court a stipulation and order re-ordering the distribution of retirement assets and so long as you and your ex both agree and sign it, chances are the court will sign it too.

The question is whether the retirement plan administrators will accept it.

You don't say whether either of you has started receiving benefits yet, either, and that would be useful to know.

Bottom line - find your decree and any attachments, and especially the language dividing the benefits. Military pensions don't require QDROs any more, civil pensions might. Take to one of the guys I mentioned above; ask if they can draft what you need.

Will cost you a couple of hours time, but well worth it to make it enforceable.

Hope this helps. Elizabeth Powell

Re: Divorce/USFSPA

The actual details of distribution of your retirements were not (or at least should not have been) in the decree, but in orders called "COAPs" Court Order Acceptable for Processing, these are the federal equivalent of a QDRO. You would need to do an agreed motion and order to modify the decree and vacate the COAPs. If no COAPs were entered then all that would need to be done is an agreed motion and order to modify the decree.