Pension Benefits

Pension Benefits Following "Quasi-Marital" Relationship
Owens v. Automotive Machinists Pension Trust

Norma and Phillip Owens lived together for 30 years before splitting up in 2004. The next year Norma obtained a state court's Qualified Domestic Relations Order (QDRO) awarding her 50% of Phillip's pension with the Automotive Machinists Pension Trust. The Trust, however, refused to recognize the validity of the QDRO, which began a four year odyssey through the federal court system. On January 12, 2009, the 9th Circuit Court of Appeals rendered it's opinion, with the two judge marjority stating in part:

We agree with the Washington Federal District Court that, because Norma and Phillip lived together in a quasi-marital relationship for more than thirty years, the Superior Court’s
Order does in fact relate to “marital property rights,” that Norma is an “Alternate Payee” under 29 U.S.C. § 1056(d)(3)(B)(i)(I), and that the Superior Court’s Order therefore qualifies as a valid Qualified Domestic Relations Order. We therefore AFFIRM the Federal District Court’s denial of Automotive Trust’s Motion for Reconsideration.

Importantly, the Court of Appeals determined that Norma had accrued "marital rights" under Washington law during her extended "quasi-marital" relationship. The Court also determined that she was properly designated as an "alternate payee", thus meeting the second requirement for a valid QDRO.

Norma was represented by Seattle attorney Harry Reichenberg.