QUESTION
Am I not entitled to at least 1/2 of all of these retirement plans for the time that we have been married?
Asked on Jun 13th, 2014 on Divorce - California
More details to this question:
I have been married for 33 years. I know that it is a community property state but my husband is a firefighter and has a retirement plan plus other retirement plans. Please explain how this works.
8 ANSWERS
Yes. You are entitled to one half of the retirement accrued from the date of marriage to the date of separation. However the mechanism of getting paid can be complicated. You should consult an attorney about a QDRO.
Answered on Jun 18th, 2014 at 9:36 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Generally a community interest in the pensions and retirement plans will be calculated based upon a proportion of the time of married relative to the time employed. A Qualified Domestic Relations Order ("QDRO") would be prepared after the Judgment of divorce is entered. Each spouse is entitled to one-half the community interest in the retirement plan.
Answered on Jun 18th, 2014 at 9:36 PM
Whatever part of the plans that were acquired during marriage is community property and would be divided equally in a dissolution.
Answered on Jun 18th, 2014 at 9:36 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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In CA you are entitled to half of any retirement plans.
Answered on Jun 18th, 2014 at 9:36 PM
Yes. You are entitled to one-half of any retirement benefit that was acquired during your marriage to your spouse. The attorneys tell the retirement plans what the percentage is for division of the retirement plans and then a document called a Qualified Domestic Relations Order (QDRO) is prepared by which the retirement plan sets up an account for you which will be equal to your percentage interest in the retirement benefit. Do not try to handle this yourself. It can be complicated. Get an attorney to help you especially in view of the length of your marriage. Good luck.
Answered on Jun 18th, 2014 at 9:36 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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You are entitled to 1/2 of all retirement plans during the dates of marriage. Most retirement plans are to be split via a QDRO. If you are divorcing, join the retirement plans to the divorce proceeding, so that non of it "disappears" during the proceedings.
Answered on Jun 18th, 2014 at 9:36 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You are entitled to half his pension. First you get the marital settlement agreement saying you get half. Then additional orders are written that get approved by the pension plan and then made an order of the court. When you have something of value to divide you should get an attorney to help you.
Answered on Jun 18th, 2014 at 9:36 PM
You are entitled to one half of all of the contributions to the plan during the time you are married. You first insure nothing will be done with the asset without a court order by joining the plan to the dissolution action. The court will then enter a Judgment dividing the plan. You will then have to prepare and file on the plan a special order detailing how the plan will be divided, this is known as a QDRO [qualified domestic relations order]. You should consult a family law attorney who is familiar with the process.
Answered on Jun 18th, 2014 at 9:36 PM