Legal Question in Family Law in California
My ex-husband and I divorced in California in 2009. We both have retirement packages with through our employer at the County. We agreed to not to each keep our own plans separate. My husband filed the divorce papers and had it checked that there were no community assets subject to disposition by the court. We are both fine with this but the administrators of the retirement plan are currently wanting us to get a modified order to specifically state these facts. Do we really have to go back to court after all this time to get this done? Is there anything else we can do?
1 Answer from Attorneys
I'm afraid your husband did it wrong, because the forms are kind of misleading. Just because the parties have worked out their community assets doesn't mean they are not subject to disposition by the court in the divorce. The court will almost universally order disposition in accordance with the parties' agreement, but if there are ANY community assets, such as retirement plans, their disposition must be part of the court's divorce orders and judgment. Retirement plan administrators can be sued if they process community property retirement assets without a court order. Bottom line: you have to go back for an omitted assets disposition order. Since it is by agreement, it shouldn't be a very big deal, but it does have to be done before the plan can proceed as you wish.