Legal Question in Family Law in California

Re: How to avoid Gilmore v. Gilmore

When a portion of a pension is awarded in a marriage settlement agreement or judgment by the court the normal course is for the amount granted the other party be taken out at the time of the judgment or immediately thereafter. I suggest you read your settlement agreement in detail and consult the attorney who handled in for you and ask for clarification. You and your ex-wife have to sign some documents and the company holding your pension has to be notified of the settlement agreement. The company will then send out the documents needed to pay you ex-wife her portion so she can then transfer it into her own retirement account. I realize you may be bitter about the settlement agreement, but if it does turn out she was entitled to that money when the judgment was entered and you don't pay until you retire, she may be entitled to the interest earned on her share of the money from the day judgement was entered all the way up to the day you paid her the settlement amount. If you handled the divorce yourself you should contact the local court appointed family law facilitator. You can contact family court for the information on the court facilitator. Good luck. I know this isn't what you wanted to hear but hopefully it will save you from having to pay her more money in interest down the road.