You’ve put years into building your pension, and now that divorce is on the table, you’re wondering if your future income is up for grabs. Maybe your name appears alone on the plan. Maybe you assumed you’d keep what you earned. But under Washington law, the timing and nature of those contributions determine whether you get to keep your full pension.
What does Washington law say about pension division?
Washington applies community property rules, which treat anything earned during the marriage — including pension contributions — as joint property. Even if only one of you earned an income, the law views your pension as something both of you built, at least for the portion you earned during the marriage. If you started contributing before you got married, the court usually separates that premarital portion, but everything you added afterward typically falls into the marital pot.
Do all pensions get divided the same way?
Whether you rely on a military pension, a public service retirement plan or a private tech-sector pension with deferred compensation, Washington courts follow the same principle — if you earned it during the marriage, it qualifies for division.
That said, the court may use different methods to divide it. Military pensions often require compliance with federal rules and special court orders. Tech pensions sometimes involve stock grants or performance bonuses that require expert valuation. The legal standard stays consistent, but the process depends on the type of pension you hold.
Are there ways to keep your pension intact?
Yes — in the right circumstances. If you earned part of your pension before the marriage, the court typically treats that segment as separate property and uses a formula to isolate it. You can also keep your pension by negotiating a trade — for example, giving your spouse a greater share of another asset, like the family home, in exchange. If you signed a valid prenup, the court may enforce its terms and exclude the pension from division, depending on how you structured the agreement.
What you do now can shape what you keep later
If your pension plays a central role in your divorce, and you don’t know how much of it qualifies as community property, now is the time to figure that out — not after you’ve agreed to terms.
You don’t need to face this alone, but you do need to understand how Washington law applies to your pension specifically, especially if it involves military service or complex stock-based compensation. When you speak with someone who regularly handles pension division in Washington, you give yourself a better shot at protecting what you’ve worked hard to earn.
