August 2025

Millions of workers in Washington have employer-sponsored retirement plans, including 401ks and 403(b)s. After working for decades, many men and women have considerable sums in their account. If you are divorcing in Washington, then your retirement account is probably community property, which means it could be divided along with other assets obtained while married. A Qualified Domestic Relations Order (QDRO) is necessary to divide the account without incurring penalties. Contact Amanda J. Cook today for assistance with your divorce.

Why Do You Need a QDRO?

Employer-sponsored retirement plans have many rules and limitations. One general limitation is that you cannot take a withdrawal until you reach age 59.5. Any standard withdrawal before that age is usually subject to a 10% early withdrawal penalty.

This penalty can come into play with a divorce. Suppose a judge awards your ex half of your 401k. Although you could log into your account and withdraw the money, you will have to pay 10% as a penalty. Consequently, your ex would end up receiving less because of the 10% early withdrawal bite.

A QDRO is a judicial order which helps avoid penalties. Your divorce lawyer should be familiar with this type of document and file it with the court.

You will not need a QDRO if you are dividing a plan which is not covered by ERISA, such as a state-sponsored plan. However, you will probably need a different type of judicial order. Discuss what kind of retirement plans you have during your initial consultation with a divorce lawyer.

Obtaining a QDRO

You will first need a domestic relations order from a Washington court. Typically, the domestic relations order applies to the division of property in a divorce. The order must meet both federal and state rules. Ideally, you should submit the QDRO at the same time as your divorce decree.

Necessary Components of a QDRO

A QDRO should include:

• Personal information of both the plan participant (the worker) and the alternate payee (who is receiving part of the retirement account in divorce).
• Information about the specific plan involved.
• How much is to be paid to the alternate payee.

A QDRO also cannot contain certain information, such as requiring benefits not offered by the plan. The plan administrator would reject the QDRO in that situation.

The Plan Administrator’s Role

The administrator is responsible for reviewing the QDRO and accepting or rejecting it. Often, your lawyer should work with the administrator when drafting the QDRO so it is done properly.

The administrator then divides the account according to the QDRO. For example, the administrator might set up a separate account for the alternate payee (the spouse).

If you are receiving money from your ex’s 401k, talk with an attorney. You might be able to take a one-time withdrawal without any penalty, even if you have not yet reached retirement age.

Contact The Law Office of Amanda J. Cook

Dividing community property does not receive as much attention as setting child custody, but there are many pitfalls involved with handling retirement accounts. Contact our office today to discuss this or any other issue.

Washington allows people to legally change their name and has established a process to follow. Many people legally change after marriage or divorce or as part of a gender transition. Others simply want a new name because they dislike their old one. Call The Law Office of Amanda J. Cook if you need assistance with any of the steps below or if you have a family law question.

Fill Out a Petition for Name Change

You need court permission to change your name, so go to the district court for the county where you live. The court might have a name change form you can fill out. The form will request that you provide:

• Your proposed new name.
• The reason for changing your name.
• A declaration you are not changing your name for a fraudulent reason.

If a minor wants to change their name, then you file the petition with the Superior Court. Minors typically need consent from both parents, otherwise the court will hold a hearing.

Note: If you are changing your name as part of a divorce, you can make that request in your divorce papers. The judge will approve the name change when you receive your divorce decree.

File Your Petition with the Court Clerk

You will need to pay a filing fee. Call ahead to ask how much and acceptable methods of payment. Typically, the fee should not be much more than $100. If you cannot afford the fee, then ask about a fee waiver.

Attend Your Court Hearing

You typically need to attend a hearing before a judge. The judge will likely want to confirm you are not changing your name to avoid the police or perpetrate a fraud. For example, you can’t change your name to pretend to be a celebrity.

If the judge agrees to your proposed change, they will sign an Order for Name Change.

Get Certified Copies of the Order

Once the judge signs off on the change, Congratulations! Now you need to update important governmental records, and you’ll need certified copies of the judicial order. You can get them from the clerk of court.

Update Your Records

This is a critical step. You’ll want updated records to reflect your new name. Most people will use certified copies to update:

• Driver’s license
• Social Security card
• Passport
• Bank accounts
• Insurance policies
• Gym membership
• Professional licenses

Remember to notify your children’s school of your name change, too. They sometimes want to see ID when you pick up a child or volunteer to act as a chaperone on field trips, and you don’t want any confusion.

Call The Law Office of Amanda J. Cook  to Discuss Name Changes

The steps listed above probably do not appear too confusing, but many people still have questions. Reach out to the Law Office of Amanda J. Cook to discuss a name change or a family law issue, such as divorce. We can help if another parent objects to a name change or there are questions about why you wish to change your name.