Legal Question in Family Law in Washington
right to retirement benefits
In my 1998 divorce agreement, I stated that I did not want a share of my husband's retirement fund. I had spent the first 20 years raising a family, and was in graduate school when we divorced. With the stress of his abuse, the stress of graduate school and my failing health (I had 2 mini-strokes due to kidney disease), I failed to focus on the retirement agreement.I couldn't afford a lawyer. Consequently I asked for nothing.I have been working for 5yrs (I'm 56) and will have very little to live on when I
retire.My current salary is $41,500.I live on next to nothing because I am afraid that if my health fails I won't be able to work - so I put $900/mo in my 401K. My ex is very well off. He kept our big house and makes $70,000/yr. Is it too late to make him give me something for my retirement?Or do I not have any legal recourse because I gave up my rights to his retirement fund 8 yrs ago? Thank you so much for considering my question.
1 Answer from Attorneys
Re: right to retirement benefits
. . . , a dissolution decree may only be clarified, not modified. In re Marriage of Thompson, 97 Wn. App. 873, 878, 988 P.2d 499 (1999). The court may not add to the terms of the agreement or impose obligations that did not previously exist. Byrne v. Ackerlund, 108 Wn.2d 445, 453, 739 P.2d 1138 (1987). Nor can a court make a contract for the parties based upon general considerations of abstract justice. Wagner v. Wagner, 95 Wn.2d 94, 104, 621 P.2d 1279 (1980).
To vacate a decree you would have to show fraud, and file within one year of issuance of decree unless you had a disability that would actually prevent you from filing (and then you have to file within one year the end of the disability). Altogether not a good situation for you to seek relief.
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