Legal Question in Family Law in California
Father's private pension: is mother entitled?
My mother was married for 15 years and has been divorced for 30 years since 1970.
It was a difficult divorce and she has no record of the proceedings or settlement. Now that she has turned 65 and is in a low-income situation, I am wondering if she is entitled to part of my father's pension (he is a successful Doctor, recently retired), at least for the period of time she was married to him. Is there a time limit in terms of revisiting the divorce settlement? Can things be changed from so long ago? Is it advisable to research the past terms now (and how is this done?) My parents still do not speak to eachother, but I am on good terms with them. It just seems so unfair to see my mother worried about her income and working hard at her low-paying job while my father enjoys his comfortable retirement. However, it probably wouldn't be worth it in terms of serving up this horrible platter from the past...what is your opinion?
3 Answers from Attorneys
Re: Father's private pension: is mother entitled?
More information is needed to answer your question. Many times a spouse is entitled to a share of the pension. I suggest you check the court file in the county where the divorce took place. Sometimes a spouse trades their share of a pension for something else. . . a share of the house for instance.
Re: Father's private pension: is mother entitled?
When you check the court file, look at the terms of the
Judgment or Interlocutory Judgment and see if there is
a provision about pensions. Very often, pensions were either
divided, or the court specifically reserved jurisdiction to
make a division in the future. If the document states that
neither party has any interest in each other's pension, there is likely
nothing that can be done. If there is no mention at all, then
there may be continued jurisdiction to divide the pension. Remember that your mother
would have only an interest in the community property portion
of the pension in any event: the proportion earned during marriage and
before separation. The portion earned over the past 30 years would
be your father's separate property.
Re: Father's private pension: is mother entitled?
I agree with the other responses. Since the marriage was over 10 years, your mother will have derivative Social Security benefits.
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