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