How Military Retired Pay vs. Military Disability Pay Is Treated in Washington State Divorce
If you (or your spouse) have a military career, your divorce will look different than a typical Washington State divorce – especially when it comes to retired pay and disability benefits. The rules are a mix of federal law, Washington’s community-property rules, and a line of court decisions that have changed over time. This article is written for service members and spouses in Jefferson and Island County, Washington who want a practical explanation of how these benefits are treated in a divorce. The Big Picture: Federal Law + Washington Community Property Washington is a community property state. In general, anything earned during the marriage – including retirement benefits – is presumed to be community property and subject to just and equitable division under RCW 26.09.080. But military benefits are not governed solely by Washington law. Two big federal pieces sit on top of everything: Washington courts have had to harmonize
