Legal Question in Family Law in Washington

Re: Survival Benifits

Did you or your ex have an attorney? If yes, you need to talk to that person. Military pension issues should have been part of the decree. During the time you were married and on duty accruing benefits, those benefits were community property and part of the property distribution.

If they were not included as part of the property distribution - especially if they were not disclosed - they could be the basis for a motion to re-open, or the basis for the eqivalent of a Qualified Domestic Relations Order, or possibly could arise by operation of law. I don't have nearly enough information here to tell you why this valuable asset was not addressed in your decree.

Your obligations to your ex spouse are determined by the decree pursuant to state law.

My best advice to you is to contact Bruce Baxter or Jim Cathcart. Either practices in Tacoma and is recognized as the 'go-to' expert on family law in the context of the military.

You can find any WA attorney at wsba.org.

Hope this helps. Elizabeth Powell