Legal Question in Family Law in California

Claim for his retirement after divorce.

Married more than 16 years with a 5 years old son. On the process divorce paper, I wander can I get his retirement money in case he dies or after he retire on 8/1/2020. His company has an extra retirement plan and is vested on 12/31/1999 when I still married to him.Our salary is equal, I made a little bit more than him that why I did'nt ask for spouse support, just child support. But I feel unfair if his new wife get his retirement money when I've been married to him for many years. Please give me some advice, how can I get his money after his retire or die. Thanks.Hang.


Asked on 6/27/00, 4:52 pm

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Claim for his retirement after divorce.

You are entitled to 1/2 of the retirement which has accrued during the time of your marriage. You need an attorney, and you need to join the pension plan to the dissolution of marriage proceeding. If you live in Southern california you may call me for a free telephone consultation at 818-342-8020 x1

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Answered on 9/06/00, 6:29 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Claim for his retirement after divorce.

Unless it is a military retirement, you would definately be entitled to a portion of his retirement and, possibly, to survivor benefits. But it has to be in the divorce judgment and you will also need, probably, a QDRO document as well.

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Answered on 9/05/00, 5:31 pm
Nina Gohari Law Office Of Nina N. Gohari

Re: Claim for his retirement after divorce.

You will be able to obtain a Qualified Domestic Relations Order called "QDRO" on his pension/retirement/benefit plan to have your community interet determined in the plan. This order will allow you to obtain payments from the plan (depeding on the time of retirement and type of plan) and your interest will be calculated based on the duration of which you have been married to your husband. If you need to discuss this further on you may contact my office for a free office consultation at 310-839-7700

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Answered on 9/05/00, 8:15 pm


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