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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18602
Experience:  B.A.; M.B.A.; J.D.
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My 86 year old father is being divorced by his 91 year old wife. They lived together for

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My 86 year old father is being divorced by his 91 year old wife. They lived together for 16 years, at which time my dad was still married to my mom. They married after my mom died and were married for 7 years. Would the state of Washington consider the 16 years they lived together before marriage as a "marital relationship" even though my dad was still married to my mom during those years? She's also going after his federal retirement (he retired in 1978, 8 years before het met her)He has a federal pension of 2800 per month and she has social sec. only of 1000 per month.

 

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

My 86 year old father is being divorced by his 91 year old wife. They lived together for 16 years, at which time my dad was still married to my mom. They married after my mom died and were married for 7 years. Would the state of Washington consider the 16 years they lived together before marriage as a "marital relationship" even though my dad was still married to my mom during those years?

 

Response 1: The Court would not.

 

She's also going after his federal retirement (he retired in 1978, 8 years before het met her)He has a federal pension of 2800 per month and she has social sec. only of 1000 per month.

 

Response 2: Washington is a community property state. Property acquired during the marriage is considered community property and would be subject to a 50/50 division absent the agreement of the parties. Properties acquired before the marriage are separate properties and generally would not be subject to property division unless one of the parties shows that she contributed to the maintenance of the properties during the marriage. Otherwise, the wife would get nothing from the separate properties, which would include the retirement account. See Revised Code of Washington Title 26 Chapter 26.16:

 

http://apps.leg.wa.gov/rcw/default.aspx?cite=26.16

 

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