Legal Question in Family Law in California

In California, if someone is legally separated can they attach the retirement in the separation and if the spouse dies while legally separated can the other person collect retirment


Asked on 8/03/11, 8:52 pm

1 Answer from Attorneys

Depending on the nature and structure of the "retirement" it should be an asset of the community, which should be allocated in the separation proceeding. My guess is you do not realize that "legal separation" requires the same proceedings as a divorce. Almost no one ever gets a true legal separation.

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Answered on 8/05/11, 11:57 am


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