If your paperwork does not address the spouse’s pension then it is considered to be undivided property in Washington State and both of you still have legal rights to that pension. The exact parameters of legal rights in undivided property are not formulaic, so they remain undefined until later addressed. This can occur either in court or by agreement. For that reason, it’s important that divorce paperwork clearly lists out all items that are to be allocated as part of the divorce. If the paperwork fails to mention an item, it is undivided property. If your spouse’s pension is not clearly listed, then it’s best to work out an agreement with your spouse concerning the pension. Using the services of a divorce mediator may be helpful in that discussion. If you and your spouse are unable to work out an agreement, you can go to court for a decision about how the pension will be divided between the two of you.