QUESTION

Is there any loop holes to receive some of my ex's retirement if we were married less than 10 years?

Asked on Jun 13th, 2013 on Divorce - California
More details to this question:
We were married 9 years and 22 days. We have 4 children at the time of divorce.
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7 ANSWERS

Family Law Attorney serving Santa Ana, CA at Law Office of Rhonda Ellifritz
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No loophole- you are entitled to half of the community assets and debts earned during the marriage.
Answered on Jun 17th, 2013 at 9:48 AM

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If the retirement is vested then you are entitled to one half of what was accumulated during the marriage. You should consult a family law attorney to review all of the facts and advise you.
Answered on Jun 13th, 2013 at 3:59 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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It doesn't matter how long you were married except for receiving social security benefits. For all retirement benefits except social security you are entitled to one-half of everything he earned during the marriage. You will need the help of an attorney with this issue.
Answered on Jun 13th, 2013 at 11:02 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It isn't a loophole. You are entitled to one-half of his retirement that accrued during the marriage.
Answered on Jun 13th, 2013 at 10:29 AM

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You would be entitled to a percentage for the time that you were married. You would have to join the retirement into the dissolution action and do a Qualified Domestic Relations order. Once the order is done you would then be entitled to that percentage of the retirement. This would be true as long as you did not waive any retirement in any type of settlement.
Answered on Jun 13th, 2013 at 10:28 AM

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It is possible you are conflating two different issues. Your rights to survivors' benefits under social security vest after ten years (although this number needs to be re-checked). However, your right to one half of the increase in your spouse's employer-sponsored pension plan or IRA or similar instrument does not depend on the ten years. There is a presumption that you are entitled to one-half of the increase in value from the date of the marriage. The presumption can be overcome, or it can be modified, by about eleven other 'equitable considerations. If there is any significant sum of money involved, you would do well to consult an experienced family lawyer. Good Luck.
Answered on Jun 13th, 2013 at 10:05 AM

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Family Law Attorney serving Petaluma, CA at Law Office of Erin Farley
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I do not know what you mean by "loopholes." California is a community property state; that means that you have a right to one-half of the retirement earned during marriage.
Answered on Jun 13th, 2013 at 10:04 AM

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