Legal Question in Family Law in California

Divorce

If railrod policy does not allow a spouse to get half of the spouse's retirement benefit during a divorce, what is the award to the spouse when a divorce is granted?


Asked on 9/04/07, 2:40 pm

2 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: Divorce

You can get more out of the equity in the house, if there is one, or other property. You should consult with an attorney.

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Answered on 9/04/07, 4:03 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Divorce

You are entitled to 1/2 the "present value" of the retirement benefit. You may get this through an asset award, through a larger spousal support award, or through more debts being assigned to your husband, or through a combination of these.

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Answered on 9/04/07, 8:30 pm


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