Legal Question in Family Law in California
Divorce/pension
I was told that if you were married for 5 years or less that your spouse was not entitled to part of one's pension. Is that true, and where can I look for the answer or code to that statement in black and white. At trial the Judge has our date of separation at 4 years 11 months.
2 Answers from Attorneys
Re: Divorce/pension
That would be untrue. Your spouse is entitled to 1/2 the present value that your pension increased during the marriage. If, however, your pension has not vested yet, then that is a different story, and arguably, your spouse may not be entitled to any of your pension.
Re: Divorce/pension
Length of the marriage has no bearing at all on the percentage of your pension she would get. It applies to spousal support. If she is married to you for one day and you worked for the company for one year...and the one day she was married to you was during this one year, she would get 1/365 of your pension. It is all based upon time married...time you were accruing the pension...and time you were married while accruing pension. Get an attorney to help you.
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