QUESTION
Can or is my ex (we are in the process of an ugly divorce) entitled to some of my pension?
Asked on Apr 12th, 2013 on Divorce - California
More details to this question:
I'm 80% disabled with the military, and with that said, I can always go 100% if I'm unable to work because of my disability. Please keep in mind, this is a government non taxable pension from the VA.
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes probably if nothing else for computation of support.
Answered on Apr 16th, 2013 at 9:13 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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In a nutshell, while your military disability pension is normally not susceptible to being divided as community property, to the extent an election is made to receive benefits in lieu of what would have been divisible community property pension benefits, said payments are divisible.
Answered on Apr 16th, 2013 at 12:57 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He's entitled to half of the pension remaining after the disability part is deducted.
Answered on Apr 16th, 2013 at 12:08 AM