Legal Question in Family Law in California
pension
After retiring from the military service, my ex husband left for California where he had our marital status dissolved, reserving judgment on all other marital issues.
After he divorced me in California, he made no move to resolve any marital issue, leaving me the entire burden of pursuing all these issues in my home state. After many years of unfortunate legal inefficiencies and numerous court delays the real properties are soon to be divided and finalized. However, the pensions: his matured military pension. my future pension (I am still working)remains undecided and undivided.
Inasmuch as my ex has been a resident of California eversince our divorce, in accordance with the FUSFSPA, California has acquired jurisdiction over the matured pension of a military retiree.
Does my exhusband have a viable legal defense in California that could successfully bar me from recovering my past and future share to the military pension that was earned and acquired during the course of our marriage?
With regard to my future pension, would the yearly increase in my salary after our divorce be considered as separate property?
1 Answer from Attorneys
Re: pension
California would have jurisdiction to divide his pension, however, it may have to use the law of his state of residence to actually make the division. It would be best to divide your pension at the same time that his pension is divided, so that you can offset interest in your pension against the amount of his pension that you were entitled to, that he has received. Your pension is more complex than using a simple time formula and needs to be reviewed by an expert. If California reserved jurisdiction on those issues you may wish to resolve those in California, it should not take a long time to resolve. Good Luck, Pat McCrary
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