Legal Question in Family Law in California
collectng retiremnt benefits awarded in divorce
Can I collect the retirement benefits awarded to me in 1984 even tho my ex has not retired yet but was eligible to 3 years ago? Also can I collect these benefits in one lump sum since I am on disability due to a kidney disease that could lead to dialysis or transplant. I would like to get things in order due to my health and start collecting my benefits. Orders read the court has jurisdiction over retirement of which I am entitled to half of per years married and time worked which is 17 years etc. He works for a well known telephone company and had a good retirement plan. Thank You, please e-mail me asap.
1 Answer from Attorneys
Re: collectng retiremnt
The answer is "yes". You are entitled to your share as of the first date he was eligible to retire. The lead case in this regard is In re Marriage of Gillmore. The money might have to come from his wages, however, depending upon how the plan is set up. By taking the retirement now, you will not fully share in any enhancement of his actual retirement (when he really does retire) that is attributable to the work he did from the date you begin taking your money.
As far as the lump sum, that depends upon the plan. Your ex might want to buy you out. Given your health, you should also make sure that your share of the retirement goes to someone you want it to go to. That should be part of the Qualified Domestic Relations Order (QDRO).
You should contact a local attorney. I am assuming a QDRO was prepared. If not, you REALLY need an attorney right now. Also, most phone companies have pretty good stock and savings plans, although at the time of your divorce, they were less prevelant.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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