Legal Question in Family Law in California

Re-Marriage

If I remarry, do I lose my ex-husband's pension benefits?


Asked on 4/05/02, 9:24 am

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Re-Marriage

The answer depends on the pension plan and/or the terms of your marital dissolution order. Check with the pension plan administrator, and also with the attorney who handled your divorce (regarding the terms of your order).

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Answered on 4/05/02, 10:49 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Re-Marriage

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say: check the provisions of the pension plan and your dissolution judgment. If you are receiving pension payments as part of the community property division (usually by QDRO, Qualified Domestic Relation Order) they probably are yours forever. If the payments are akin to Spousal Support, you could lose them by re-marrying. Many family law attorneys offer a free consultation. (I do.) Take your pension plan information and judgment to one of these attoreny and get a definitive answer.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 4/05/02, 1:42 pm


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