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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36981
Experience:  30 years in Employment law
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Can one partner in a marriage retire without the other knowing

Customer Question

can one partner in a marriage retire without the other knowing what's involve monetary wise and signing papers of her retirement agreement. My wife retired a few days ago from a banking job ( worked 40 years) ago without me seeing nor signing any paperwork of what was in her retirement portfolio and/or in her retirement funds....hiding her money. Is this legal in Washington State retirement laws for marry couples? I work for a major corporation in this state and due to retire soon with a large 401K plan and I know that she would have to sign my retirement package plan....need help.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ray replied 7 months ago.
Hi and welcome to JA Ray here to help you today. It is possible here for her to sign the necessary papers.You would have a right in a divorce to seek full disclosure and a fair division of these funds.It is also possible the wife signed your name to some documents as well. You have rights here, marital property ones if you wanted to divorce.The court would require full disclosure of all sources of income and terms for the both of you.But a divorce is the only way for you to get access.
Expert:  Ray replied 7 months ago.
Washington is a community property state. This means that all income earned and property acquired by either spouse during the marriage is community property. It belongs to both spouses equally, so it must be split equally between the spouses as divorce. Likewise, all debts incurred during the marriage are considered community debts and belong to both spouses equally. So here if you were to divorce you can seek full disclosure of her retirement terms and you would do likewise so that the court can divide it 50-50%.You have an issue of trust here, she is not being fair and above board with this issue.You may have to consider divorce if you want full disclosure. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 7 months ago.
Sorry you are having to deal with this.I appreciate being of service to you. If you can positive rate when we are done it is always much appreciated.