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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 961
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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I live in Washington State and my husband of 42 years divorced

Customer Question

I live in Washington State and my husband of 42 years divorced me. Divorce was finalized in December 2014. We used to be joint legal guardian to our adult disabled son but he resigned as co-guardian before filing the divorce. We both receive our State Pension and the estimated present value of my retirement is twice as much as his. These values were used in the property settlement and ended with just one small IRA account. He got all the CD's that saved, all the stocks and about 3/4 of my bigger IRA account. I am left with almost no cash to fall back in addition to taking care of our disabled son. He did not want for the QUADRO distribution because in his own words, he wants me to suffer and be deposed (whatever this means). I run all our financial savings because he did not want to participate. he cashed out his retirement account and life insurance without my knowledge nor added to our savings. DSHS pays me a minimal amount to care our son. My ex did not want financial, emotional support to our son.
I realized the divorce is final and left me devastated, financially and emotionally. I have
a few questions:
1. I wanted some of my earned savings. Is this EPV of our pensions fair in the property settlement?
2. What right do I have to pursue to get some of my earned savings? Can I sue him?
Submitted: 2 years ago.
Category: Family Law
Expert:  Seattle Scott replied 2 years ago.
The EPV is fair if the same method of calculation was used for your pension and his pension and the discount rate or percentage was realistic. If a 6% discount rate was used to determine the EPV that was probably correct, anything lower than that boosts the EPV value, which what he would want to do ( boost for values) if his pension was worth less.
On the issue of "undoing" the settlement, it is hard to do, since it was something you apparently agreed to. Grounds to "undo" or vacate the property settlement would be fraud on husband part (he misrepresented the facts concerning the asset value, or "mistake" on your part ( very had to win a "mistake" claim) or some misrepresentation of facts on husband's part.
Did you or husband have an attorney during the divorce?