Legal Question in Family Law in California
Pension Division
Married in 1988, separated in 1992, filed for divorce in 1997, judgement for bifurcation of status entered in 1999. 10/15/01 learned that former spouse will soon attempt to obtain part of my retirement. One: is former spouse entitled to part of retirement only from date of marriage to date of separation or date of marriage to date of bifurcation judgement? Two: someone mentioned that marriage had to have been ten years to make former spouse eligible to receive pension benefits, is this true and if so is it ten years to separation or judgement?
1 Answer from Attorneys
Re: Pension Division
Her interest would be based upon the numerator of date of marriage to date of separation by the denominator of date you began earning pension credits to date you retire. Bifo date irrelevant.
The 10 year thing refers to getting direct payment from the govt on military pensions. Other than that, the court's can establish a community interest even on a 1 day marriage (as ridiculous as that would be).
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