Legal Question in Family Law in California

I'm remarried for 1 1/2 yrs now, my new husband is under the Dept of Defense Civil Service Retirement System Offset. His ex-wife under the divorce decree will be getting annuity from him once retired. They were married 20 yrs, where do I fall under my new husband's retirement? He also has social security, how am I eligible or will I be eligible under his social security? Confused, please advise. Thank you very much.


Asked on 6/22/10, 4:01 am

1 Answer from Attorneys

Most pensions are considered earnings, and therefore assets, of the marriage. So the ex had a right to 1/2 the income stream of the portion of the pension earned during the marriage. In the divorce a Qualified Domestic Relations Order (QDRO or "quadro") was entered that ordered the pension account to be paid partially to her on retirement. You have now accumulated the same rights to the portion of the pension earned in the last 1-1/2 years, and will continue to accumulate it as you continue to be married and he continues to work. As long as you remain married, you will of course benefit from the pension pay-out in the future. Should you divorce you would likewise be entitled to 1/2 the revenue stream from the portion of the pension earned during your marriage.

So say he worked for DoD for thirty years before retirement, married to her for 20 and you for 5, and you and he divorce. Upon retirement, the ex will get 1/3 of the pay-out (1/2 of 2/3), and you would get 1/12 of the pay out (1/2 of 1/6). The numbers are a little more complicated than that, because presumably he's earning at a higher pay-grade with you than with her, but that's the rough math.

As for social security in the event of divorce, see: http://www.ssa.gov/retire2/divspouse.htm If you stay married, you will be entitled to standard spousal social security retirement benefits.

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Answered on 6/22/10, 8:51 am


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