Legal Question in Family Law in California
My husband and I are legally separated since 1/27/11. My question is, on a legal separation, what happens to the retirement funds if nothing was split in the documentation filed in court in Placer co. California? if he passed away, but has children (over 18) from previous marrage, we do not have children together, does the retirement funds go to myself since I am primary beneficiary and vice versa on my retirement? Thank you, deann
2 Answers from Attorneys
A review of the papers filed and additional facts are needed to answer your question.
Under the statutory scheme, the court in a legal separation proceeding must divide the known community assets and must characterize the parties� liabilities as community or separate. (Fam. Code, �� 2550, 2551.) The court has continuing jurisdiction to divide community assets or liabilities not previously adjudicated. (Fam. Code, � 2556.)
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