Legal Question in Family Law in California

Re: pension rights

Your percentage would depend on how much your married years overlaped your husband's service years in state service. For example, if all of the 17 years of your marriage overlapped his service years, and he worked for the state 34 years, one half of the pension would be considered "community property." Because you are one half of the "community," your share of the pension would be one-half of a half--or one quarter (25%). A similar formula would apply if he had a contributory plan like a Thrift Savings Plan (TSP). All plans must be "joined" into the divorce and eventualy a domestic relations order or DRO will have to be prepared and approved by the plan. (The term QDRO applies only to private pensions, not state plans usually.) Please consult with an attorney as these areas are quite complex.

Re: pension rights

There is a formula which determines the amount. You must get a qualified domestic relations order (QDRO) to get any of it. It requires joining PERS and obtaining a stipulation or an order to be paid directly from PERS. This is an area of law which requires experienced counsel as it is the number one cause of mal-practice. I have obtained QDRO's on PERS. Contact me directly.

Re: pension rights

There are actually two different formulas that calculate your share of the retirement plan, depending upon the type of retirement plan. Also, your husband may have more than one type of retirement or savings. Most family law attorneys do not prepare orders dividing retirement plans. I have several attorneys who refer them to me for preparation. However, the retirement plan is one of the easier issues to deal with in a dissolution. You should get a consultation with an attorney who can help you understand the issues you are dealing with. Good Luck, Pat McCrary

Re: pension rights

There are actually two different formulas that calculate your share of the retirement plan, depending upon the type of retirement plan. Also, your husband may have more than one type of retirement or savings. Most family law attorneys do not prepare orders dividing retirement plans. I have several attorneys who refer them to me for preparation. However, the retirement plan is one of the easier issues to deal with in a dissolution. You should get a consultation with an attorney who can help you understand the issues you are dealing with. Good Luck, Pat McCrary