Legal Question in Family Law in California

This is for a California Divorce.
My ex's attorney wrote a QDRO for the distribution of my defined benefit pension. His algorithm for immediate distribution is 50% x months married/months I'd participated in the pension plan at time of separation. This seems correct to me for a proper distribution. However, he states that CA law allows my ex to participate in any gains in the pension plan until I retire and begin to collect my pension. This means the algorithm is actually 50% x months married/months in pension plan. This seems very incorrect to me. For example under the first algorithm if I would have collected $1000/month pension at time of our separation, my ex would receive (50% x 159/251 = 32%) or $320 /month of the pension. If I worked an additional 11 years and collect $2800/month in pension, the ex would receive (50%x159/383 = ) $560/month. In other words the ex participates in all gains due to my length of service and income increases after separation. Is this correct? Seems to me that the algorithm should be $1000+gains due to deferring distribution until retirement date x 32%. Does this seem more correct?

Asked on 8/14/11, 11:02 am

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Answered on 8/14/11, 10:32 pm

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