QUESTION
Does my spouse have any claim to my retirement if I am not yet vested into it?
Asked on Nov 01st, 2012 on Divorce - California
More details to this question:
I have been at my job for 4 years, but it takes 5 years to become vested into the retirement. I am divorcing after 3 years (which will become final before the five years required for vesting). Will my spouse have a claim to any of my retirement?
10 ANSWERS
Leonard A. Kaanta
No.
Answered on May 21st, 2013 at 1:07 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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I need more facts. If it was acquire before the marriage, it should be separate property, but the court could take its value into consideration
Answered on Nov 06th, 2012 at 11:07 AM
Your spouse has a right to one-half of anything you acquired during your marriage. If you have a right that will become vested after separation but was earned before separation, your spouse has an interest in the same thing you do.
Answered on Nov 02nd, 2012 at 5:05 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Probably yes. But a complete answer requires knowing what kind of retirement is involved and what state you live in. Most likely your spouse has "a claim" but it may not have much value unless and until you become vested so it is not necessarily a foregone conclusion that a court would give her anything.
Answered on Nov 02nd, 2012 at 5:05 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, this is a very fact specific determination to be made by the Court. You should consult with a local attorney as soon as possible.
Answered on Nov 02nd, 2012 at 5:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes she has a right to the benefits accrued during the marriage if the ever vest, normally 50%.
Answered on Nov 02nd, 2012 at 12:04 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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In general, if it was earned during the marriage (whether or not it is yet vested) it is community property.
Answered on Nov 01st, 2012 at 11:42 PM
Michael Paul Vollandt
I need more information. What kind of retirement is this and did you make contributions to the plan during the time you were married? It is a complex issue.
Answered on Nov 01st, 2012 at 11:30 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, the spouse will have a claim, and the court is supposed to reserve ruling on the entitlement. Figure out what it might be that he could be entitled to and offset it with another marital asset.
Answered on Nov 01st, 2012 at 11:27 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes spouse will have a claim. If it were invested options the answer. Would be no Opinion only not legal advice.
Answered on Nov 01st, 2012 at 11:26 PM