Legal Question in Family Law in California
I have been married 14 years, my husband went out on stress related medical from the department of corrections 4 years ago, although he did not get his settlement till a few months ago. (which is almost a year after we divorced ). He now receives 50% of his pay tax free for life. He is physically healthy and able to work in a non peace officer position. He will continue to collect retirement for the rest of his life. I have woked as well through the years, never making as much as him, and never had a job with a pension or retirement benies. Now for the last 4 years I have made very little and some years nothing. Am I elligible to get some of his retirement? Some people have said you can't get any if it's a medical retirement... (but he is going to be able to work) .Some say I am entitled. I have consulted with an attourney but cannot afford to retain him. He dosnt have any difinitive answers and say it has to be researched more. Any advice would help.
Thank you
1 Answer from Attorneys
Work related injuries may be considered the separate pay of the other party. However if you are still married I don't see why that money isn't to be shared between you since you have a duty to support each other while you are married. The answer to your question may depend on what the retirement is considered is it actual retirement, or is it some type of disability pay out? You should pay an attorney to do a small legal brief for you on that issue to give you some answers if that issue is critical to you wanting to get a divorce or not.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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