Legal Question in Family Law in California
Am I entitled to half of my ex-husbands retirement, even though the divorce was final August 2009?
3 Answers from Attorneys
Depends on the terms of the divorce. Was the retirement divided at the time of the divorce? If it was not addressed you may not be entitled to any part of the retirement. If the retirement was concealed, it may be an issue to raise now, by petition to the divorce court. You should contact your divorce attorney to discuss the issues with him.
An attorney is going to need a lot more information, other than the date of the divorce, to make that determination.
You are entitled to one-half of the retirement benefits which accrued during the marriage unless you relinquished that right in the Judgment of Dissolution. Consult with an attorney who can review all the relevant papers.