Legal Question in Family Law in California
In Ca, my husband has been divorced for 10 yrs. He disclosed his annuity and pension, the ex and her attorney signed off on the annuity but took the pension. Now my husband is retiring, the pension atty said that because on the divorce papers it just states annuity and is not worded Defined Contribution Plan/Annuity, they won't release it to my husband. There afraid if they release the money to him, they will get sued by the ex. A qdro was done on the pension, but not the annuity. The pension is called a defined benefit which was not on the divorce papers, but they accepted that wording. It also states that that anything under my husbands control is his sole and separate property, but now she tells us to get an attorney which we cannot afford. Also, at the bottom of their divorce, it states that neither party can appeal any decisions on the divorce. So what does my husband do to get his money?
1 Answer from Attorneys
The court order should state that the parties will execute any document necessary to follow the court's division of the community assets. I would consult an attorney to draw up a document that makes the annuity company happy and ask her to sign it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
