Legal Question in Family Law in California

If the divorce was final 17 years ago and the Dissolution of Marriage didn't identify my CA state pension, why am I now subject to providing a ex-spouse a percentage of my pension? The marriage last three years out of the twenty years put into Santa Barbara County employment (early years1990-1993). I'm trying to process my Santa Barbara County Retirement paperwork and getting a hard time from them. I don't want to find or talk with my ex-spouse just to make the County happy if I don't need too.

Asked on 5/20/11, 9:47 am

3 Answers from Attorneys

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It was a significant error for the divorce not to have included the pension in the proceeding and have a QDRO issued to allocate it, or an equalizing payment to buy out her community property share. It is no different than if you had a savings account or a rental house you didn't include in the divorce. It is illegal for the pension administrator, having record of a spouse, and no allocation of the community property interest on record, to just give it all to you. They have to make you deal with it since you failed to do so in the divorce.

Answered on 5/20/11, 10:36 am

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Rhonda Ellifritz Law Offices of Rhonda Ellifritz

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If I am reading this right, it sounds as if you neglected to claim this asset in the divorce (which you should have), and they want you to fix it so that they are not drawn into the situation.

Answered on 5/20/11, 10:38 am

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