Legal Question in Family Law in California

Re: Military Retirement Pay

Your spouse will be entitled to one half of the your interest in the retirement plan, however it would consist of 50% of contributions to the plan for those 19 years of marriage only.

Re: Military Retirement Pay

this can be a very "tricky" area of the law as it is covered by both california community property law as well as federal law. if you opt to take your retirement pay as "retirement pay", it could fall within the purview of california community property law. however, if you opt to take your retirement pay from the military in a manner that is pre-empted by federal law by virtue of the supremacy clause of the US constitution, your ex may not be entitled to a community property interest here. thus, it all comes down to how you opt to receive your "retirement pay" essentially. if you would like a free phone consultation regarding your legal situation, email us directly with your contact information today.

Reply: Military Retirement Pay

Under California community property laws, your spouse is entitled to that portion of your retirement pay that represents the accumulation of funds in the plan from the date of marriage to the date of separation, together with the growth thereon. You may be able to opt into a provision that is pre-empted by Federal law depending upon your individual circumstances.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com