Legal Question in Family Law in California

I was married 13 years and have now been divorced for 8, during my marriage. During the last 3 years of the marriage I worked for Toyota Corp. which was 2002 - 2005 I continued to work there for total 8 years until the factory was closed, I did not even qualify for my pension until 2007 we had to work atleast 5 years to be eligable for a pension.

My question is can my ex spouse still get half of my pension even though I did not have one until 2007 2 years after our divorce?

I have recieved a petition to the court for my pension from her that I need to sign, can I add comments on the petition such as her recieving the family home, the time share and 10 acre of land prior to the divorce which was obtained by us both during our marriage, will the courts take this into consideration.

I have been paying spousal support and child support never late so no back pay owed.

Thank You


Asked on 4/28/12, 8:42 am

2 Answers from Attorneys
Peter Tuann Law Office of Peter Tuann

she is not entitled to half, only half the community property share of your pension, I assume the pension is for all 8 years you worked there, 3 out of those 8 years were during the marriage, so 3/8 is community property, half of 3/8 is 3/16 or about 20% is her share of your Toyota pension, you really need to find a lawyer to defend your financial interests here.

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Answered on 4/28/12, 8:49 am
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I had a client recently who thought it was unnecessary to add an unvested pension in the final judgment, but I insisted, and exactly to avoid this kind of situation. If I were your attorney, I would argue that she is only entitled to half the value at the time of separation, prior to vesting. In my client's case, it was worth 10 times more once vested. I am suspecting this is your situation, or this fight would have happened long ago. Hopefully you will be able to provide documentation of the value at that time, and will find an attorney who can represent you.

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Answered on 4/29/12, 6:02 pm


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