QUESTION
Am I entitled to any portion of my ex’s pension?
Asked on Mar 14th, 2013 on Divorce - California
More details to this question:
We were married at 73 and was divorced at 83 in Arizona but currently live in CA.
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You did not say if he was employed during the marriage and paying into the pension. If it was from before your marriage, he gets it all. You may be able to ask for support.
Answered on Mar 17th, 2013 at 9:16 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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You are entitled to a portion of his pension if he worked during the term of the marriage. Even if this is not the case, it would appear that you have a long term marriage (over 10 years in California) and that your husband's pension benefits might very well entitle you to an award of spousal support. You should contact a family law attorney as soon as possible.
Answered on Mar 15th, 2013 at 11:22 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If the pension was earned during the marriage you are entitled to it. If if was earned before its is his separate property.
Answered on Mar 15th, 2013 at 10:44 AM