Washington Divorce and Federal Retirement

[Knight26]

The question I have is fairly simple. During my divorce, final January-2018, my ex-wife and I made a verbal agreement not to liquidate my Federal TSP retirement account. Instead, I would continue to pay off the loan we had previously taken out (which will be completed in or around January 2020), and after that I would take a loan commensurate to the amount I owe her from our marriage.

We were married in July 2006, and I had been working for the FedGov since July 2002 (paying into the acct the whole time). We then divorced in January 2018, filing in August 2017, and separating in October 2016 (we did not file legal separation papers), but she immediately moved in with the man she was having an affair with, and whom she married shortly after our divorce was final.

Since we filed on our own I did not about the need to file a Retirement Benefits Court Order (RBCO) or Qualified Domestic Relationship Order (QDRO) and neither were issued during the divorce.

My question is this:

Do I owe her any of my TSP, given that it is only brought in the divorce paperwork to refer to the loan, and if so, how much? Half of the total in the acct, half of what it earned during our marriage, half of what it was worth/accrued at the time of filing/separation?

 

[LdiJ]

The question I have is fairly simple. During my divorce, final January-2018, my ex-wife and I made a verbal agreement not to liquidate my Federal TSP retirement account. Instead, I would continue to pay off the loan we had previously taken out (which will be completed in or around January 2020), and after that I would take a loan commensurate to the amount I owe her from our marriage.

We were married in July 2006, and I had been working for the FedGov since July 2002 (paying into the acct the whole time). We then divorced in January 2018, filing in August 2017, and separating in October 2016 (we did not file legal separation papers), but she immediately moved in with the man she was having an affair with, and whom she married shortly after our divorce was final.

Since we filed on our own I did not about the need to file a Retirement Benefits Court Order (RBCO) or Qualified Domestic Relationship Order (QDRO) and neither were issued during the divorce.

My question is this:

Do I owe her any of my TSP, given that it is only brought in the divorce paperwork to refer to the loan, and if so, how much? Half of the total in the acct, half of what it earned during our marriage, half of what it was worth/accrued at the time of filing/separation?

Without actually being able to read the divorce decree its hard to say whether you have an official obligation to pay her. However, she could certainly attempt to re-open the property settlement in your divorce to try to get that rectified if its unclear. You did make the agreement with her, you admitted that. I assume that you wouldn't lie in court and claim that you did not make that agreement with her. In any case, the amount you would likely owe her is 50% of the amount that accrued during your marriage, minus 50% of loan amount you have repaid since the divorce was final.

 

[Knight26]

Without actually being able to read the divorce decree its hard to say whether you have an official obligation to pay her. However, she could certainly attempt to re-open the property settlement in your divorce to try to get that rectified if its unclear. You did make the agreement with her, you admitted that. I assume that you wouldn't lie in court and claim that you did not make that agreement with her. In any case, the amount you would likely owe her is 50% of the amount that accrued during your marriage, minus 50% of loan amount you have repaid since the divorce was final.

What about her 401k? There is no mention of that in the divorce decree and I am not looking to go after that at all. We also never stated the amount I would pull out for her. If it is as you say, half of what it accured while we were married minus half of what I paid off on the loan post divorce, that is fine. I just want to make sure I don't get screwed. During the 11 years of our marriage (including seperation, she only worked for 4 years and did pay into her retirement 401k at that time).

Also, the agreement was verbal only, when I attempted to write it up to put into the paperwork, and agree to an amount, she refused to work with me on it.

 

[LdiJ]

What about her 401k? There is no mention of that in the divorce decree and I am not looking to go after that at all. We also never stated the amount I would pull out for her. If it is as you say, half of what it accured while we were married minus half of what I paid off on the loan post divorce, that is fine. I just want to make sure I don't get screwed. During the 11 years of our marriage (including seperation, she only worked for 4 years and did pay into her retirement 401k at that time).

Also, the agreement was verbal only, when I attempted to write it up to put into the paperwork, and agree to an amount, she refused to work with me on it.

It sounds to me like the two of you clearly made mistakes in your settlement agreement. How much money did she actually have in her 401k vs the amount accrued during the marriage in your retirement account? You might be able to also adjust for hers when you calculate the amount you would owe her. You would minus another 1/2 of what is in her account in that case.

 

[Ohiogal]

The question I have is fairly simple. During my divorce, final January-2018, my ex-wife and I made a verbal agreement not to liquidate my Federal TSP retirement account. Instead, I would continue to pay off the loan we had previously taken out (which will be completed in or around January 2020), and after that I would take a loan commensurate to the amount I owe her from our marriage.

We were married in July 2006, and I had been working for the FedGov since July 2002 (paying into the acct the whole time). We then divorced in January 2018, filing in August 2017, and separating in October 2016 (we did not file legal separation papers), but she immediately moved in with the man she was having an affair with, and whom she married shortly after our divorce was final.

Since we filed on our own I did not about the need to file a Retirement Benefits Court Order (RBCO) or Qualified Domestic Relationship Order (QDRO) and neither were issued during the divorce.

My question is this:

Do I owe her any of my TSP, given that it is only brought in the divorce paperwork to refer to the loan, and if so, how much? Half of the total in the acct, half of what it earned during our marriage, half of what it was worth/accrued at the time of filing/separation?

VERBAL does not matter. The final decree needs evaluated by an attorney.

 

[Ohiogal]

Without actually being able to read the divorce decree its hard to say whether you have an official obligation to pay her. However, she could certainly attempt to re-open the property settlement in your divorce to try to get that rectified if its unclear. You did make the agreement with her, you admitted that. I assume that you wouldn't lie in court and claim that you did not make that agreement with her. In any case, the amount you would likely owe her is 50% of the amount that accrued during your marriage, minus 50% of loan amount you have repaid since the divorce was final.

How is she able to get that reopened? Please explain and quote statute.

 

[Ohiogal]

It sounds to me like the two of you clearly made mistakes in your settlement agreement. How much money did she actually have in her 401k vs the amount accrued during the marriage in your retirement account? You might be able to also adjust for hers when you calculate the amount you would owe her. You would minus another 1/2 of what is in her account in that case.

Wrong. Just wrong when it comes to legal ramifications if the divorce was finalized in January 2018.

 

[Ohiogal]

What about her 401k? There is no mention of that in the divorce decree and I am not looking to go after that at all. We also never stated the amount I would pull out for her. If it is as you say, half of what it accured while we were married minus half of what I paid off on the loan post divorce, that is fine. I just want to make sure I don't get screwed. During the 11 years of our marriage (including seperation, she only worked for 4 years and did pay into her retirement 401k at that time).

Also, the agreement was verbal only, when I attempted to write it up to put into the paperwork, and agree to an amount, she refused to work with me on it.

LD. is ignorant to the law. Especially if your divorce was in 2018 and finalized in January of that year.

 

[Knight26]

LD. is ignorant to the law. Especially if your divorce was in 2018 and finalized in January of that year.

So, in your opinion, what, if anything do I owe her?

 

[PayrollHRGuy]

So, in your opinion, what, if anything do I owe her?

Just in case OG is gone for the day.

The final decree needs evaluated by an attorney.

 

[Knight26]

Just in case OG is gone for the day.

I requested to have a lawyer do an eval on it through my EAP, but I no longer live in Washington, neither of us do, and he will only do so if I go in to see him.

 

[PayrollHRGuy]

I requested to have a lawyer do an eval on it through my EAP, but I no longer live in Washington, neither of us do, and he will only do so if I go in to see him.

Then you need to go in and see him or find a WA lawyer that will work with you remotely.