Legal Question in Family Law in California

Dispensation of retirement benefits

Divorced in 1996. Ex-wife was granted about 26% of my retirement. She failed to file a Joinder and I received my entire benefits for the last 4 years. She has now requested to my company to get her share. The company refused. Her lawyer is now requesting me to sign a Stiplation and Order. Should I Sign? IF I don't can she take me back to court? What will a judge do? Thank you.


Asked on 4/08/09, 12:22 am

2 Answers from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Dispensation of retirement benefits

Need to see the paperwork, this is complicated. They may well be too little to late. In short, retirement is typically governed by federal law, so a California court has jurisdiction to the extent the feds have allowed and the feds require that the joinder be filed before the final order. If they didn't join timely they may be foreclosed in spite of the CA judge's order that would lack jurisdiction. Don't sign a stipulation, have this analyzed.

Read more
Answered on 4/08/09, 2:00 am
Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: Dispensation of retirement benefits

Well if the court thinks you tried to put one over on him he will definitely help her get her share. If the stip is reasonable zign it. See an attorney about the stip.

Read more
Answered on 4/08/09, 2:26 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California