Washington Supreme Court hears dispute over whether post‑divorce military recall raises pension into marital property

The Washington Supreme Court on June 25, 2024 heard argument in Ray, the marriage of Porter and Porter, over whether pension increases earned during an involuntary military recall after a 1994 divorce should be treated as the servicemember’s separate property or included in the marital portion subject to division.

Appellant counsel John Higa argued that increases arising from the recall are separate property under state law and that the Court of Appeals erred in applying the community‑efforts doctrine. "Under RCW 26.16, the presumption is that the increase in the pension earned during the recall is his separate property because it was acquired after marriage," Higa told the court, warning that the appellate approach would "essentially allow the courts to usurp the statutes." Higa said the trial court’s 27% figure reflected a calculation method the appellant…