Does my spouse have a right to my retirement?

Washington is a “community property state”. This means that each spouse has a 50 percent interest in all assets and debts acquired during the marriage. Thus, to the extent that you or your spouse accrued retirement through an employer, union, military, etc. (such as a pension, 401k, TSP, military retiree pay, etc.) during the marriage, both spouses have a 50 percent interest in it. Whether you actually need to give your spouse 50 percent of your retirement is another matter which our attorneys can help you navigate.