QUESTION
If a value can be placed on her retirement, can it come into play in our divorce settlement?
Asked on Dec 10th, 2013 on Divorce - California
More details to this question:
My spouse works for her parents business and her retirement is not known.
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Assuming there is a retirement yes. You would probably need an actuary to value the pension and you will probably end up with an order dividing the pension when she can retire.
Answered on Dec 13th, 2013 at 3:25 PM
A value can be placed on any retirement benefit. There are actuaries who handle this kind of work. It does come into play. You are entitled to one-half of the retirement benefit acquired during the marriage either by a cash pay out or a division of the retirement benefit so you have a retirement benefit when you want to retire. Get a lawyer to protect your rights. This can be tricky stuff. Good luck
Answered on Dec 13th, 2013 at 3:25 PM
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Any assets including a retirement that are acquired during the marriage in whole or in part are subject to division during a divorce. In order to determine the value of the retirement it is required that your spouse to disclose that information pursuant to Family Code section 2100 et. seq. and/or you can conduct discovery into her assets.
Answered on Dec 13th, 2013 at 3:23 PM
It does not sound as if she has a retirement. You need to ask formally for the value of her retirement. You are entitled to half of whatever retirement that she earned during marriage.
Answered on Dec 13th, 2013 at 3:23 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 a share if her retirement. It has to be valued as part of the divorce. There are companies who specialize in doing these valuations. If its a straight IRA the number is easy.
Answered on Dec 13th, 2013 at 3:22 PM