Legal Question in Family Law in California

Re: pleading on joinder

Your message is not very clear on what form you are talking about. However, no document can give you access to any part of your husband's 401(k) or other retirement plans other than a "qualified domestic relations order" (QDRO) issued by a court in conjunction with a divorce, separation, support or other family law action. Some types of plans are required to make the plan pay a married person only in the form of a joint and survivor annuity which pays a reduced benefit for the spouse's remaining life following the death of the employee spouse, unless the spouse signs a written waiver. However, this is not the same thing as "gaining access" to his plan benefits.

So, basically, unless you are in court for a divorce, etc., you cannot get at it. If you are in such a proceeding, I can assist you in drafting such an order as I have 24 years of experience in the employee benefits/ERISA area.

If you would like assistance, either you or your lawyer should e-mail me at [email protected] or call at (770) 534-1057.

Reply: pleading on joinder

It is not possible to answer your question given the information that you have provided.

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.net