QUESTION
Am I entitled to my husband pension even though it's in pay status?
Asked on Feb 20th, 2014 on Divorce - California
More details to this question:
We've been married 28 years and I was with him the whole time he earned it.
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In a dissolution action in Arizona, a community property state, you would generally be entitled to one half of the community interest in any pension or retirement account, such as a 401(K). You should consult with an experienced Arizona family law attorney to assist you.
Answered on Feb 26th, 2014 at 6:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Probably 50%.
Answered on Feb 24th, 2014 at 9:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like if you get divorced, you would be entitled to half of it. You need to talk with a local family law attorney to make sure.
Answered on Feb 24th, 2014 at 8:56 PM
Heidi Glaser
Yes, you would be entitled to your share, however since he is in pay status, certain elections may have been made that may affect your 1/2 share. You need to discuss this with an attorney.
Answered on Feb 24th, 2014 at 8:36 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You may entitled to a portion, exact amount is up to the Judge.
Answered on Feb 24th, 2014 at 8:34 PM
His pension is an item that, after 28 years of marriage, may be considered as part of the community property. That does not mean you are entitled to the entire amount; but perhaps 1/2. Keep in mind, however, it also can be negotiable for a lump sum payoff.
Answered on Feb 24th, 2014 at 8:34 PM
In CA it is community property and by definition community property.
Answered on Feb 24th, 2014 at 8:34 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You are entitled to an equitable share of the community interest in the pension. That interest would be that portion earned during the marriage.
Answered on Feb 24th, 2014 at 8:33 PM