Legal Question in Family Law in California
Alimony
Im trying to find out something for my father. He retired in 1999 and married in 2002. His wife left him and filed for divorce and shes trying to get half of his retirement. He worked for the dept. of corrections for 36 years here in california. Is she entitled to any of his retirement? She is 61 and my father is 69.
Asked on 6/06/08, 10:05 pm
1 Answer from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: Alimony
The general rule is that wages earned during the marriage are community property. Your father's retirement was earned prior to 1999 when he retired. Therefore it would appear that his retirement is his separate property. Your father should consult with an attorney regarding this as his situation may not fit within the general rule.
Answered on 6/13/08, 1:31 am