Legal Question in Family Law in California
Effective date of Retirement Division (Divorce)
Please tell me, when two people seperate, then divorce, what is the effective date of the Retirement(percentage) division?
Asked on 8/29/00, 3:30 am
2 Answers from Attorneys
Michael Gray
Barber & Gray, LLP
Re: Effective date of Retirement Division (Divorce)
The date of separation.
Answered on 10/03/00, 4:32 am
Diana Mercer
Peace Talks Mediation Services
Re: Effective date of Retirement Division (Divorce)
The first response is correct; however, you can also negotiate that date in the event you both can agree it makes sense to divide it as of another date. For example, maybe one spouse wants to keep the pension, and the other spouse keeps something else in return. Then there would be no division at all. Without an agreement, however, it's date of separation.
Answered on 10/03/00, 2:56 pm
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