my husband of 15 years wants a divorce. He has done calculations based on RCW26.19He has based my salary on the last two W2 forms, however I am only a half-time employee. I had been approached (I work for Washington State) for the last 3 bienniems about going to go full time and after discussion with my husband and to support him having an office outside of the NRB. My job is such that when our budget has allowed I have worked more hours to get the work done. But with Budget so tight things have changed some. I did ask my supervisor to factor in me at .75 for the 11/13 Bienniem.When I married him the promise was that I would never have to work, so in 1995 I have a break in service which effected my retirement as does the fact that for the past 7 years working part-time at his request. We both work for Dept of Natural ResourcesI have two questions - Does the W2 determine the income when our agency only has an obligation to pay me at .5 of my scheduled salary.In the caluclation he has deducted his defined voluntary benefit because he has been paying into it, I only paid a small about into mine because I never knew this would happen to me and was going off of promises.When we calculate retirment benefits would he still get half of mine even though I have been working part-time at his request.We are currently working with a lawyer that does not represent either of us, but tells us the law and will finalize the filing, I am wondering if I should get a lawyer. His salary is $5,688 per month mine is .5 of $2920.
Your W-2 should include actual wages you received. and this should be the basis of the calculation on the worksheets. A court can decide that you could be working full time and impute additional income, but that is for a judge to decide not your spouse..
All assets accumulated during marriage including retirement and money put away in a voluntary benefit plan are subject to distribution. This includes your retirement funds as well as your husband's. In effect all those years he has been putting money away will increase your distribution. Both retirement accounts will be considered as part of any distribution.
When computing net income, up to $5000 of voluntary contributions and can be deducted from th net income calculation.
The promises made during a marriage will not affect the calculation. A divorce by its very nature is the breaking of a promise.
If you are not comfortable with the attorney you both have you should hire your own to make certain your rights are protected.
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through the state, leave balance is a part of a severance package. During the marriage I used my leave to take care of our child. He will be paid close to 6 months salary while mine has been used because I was asked to and I was married.
He also has several close to 80,000 in accounts that are from moneys recieved without a will from his parents, but it is called inheritance. That combined with another 170,000 that is retirement (when we first married it was only 40,000 and the inheritance accounts were worth 30,000) how does the court look at that. The emotional damages in the marriage were very costly to me. I cannot believe that the law does not protect women from men like this. I am 52, been married before and just signed with nothing from that marriage. I invested my whole future in this relationship and put up with garbage and put downs for 15 years, because I was trying to stick it through.
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