Legal Question in Family Law in California

Re: Retirement benifts to wife after divorce

You should join the pension plan and then prepare a motion to divide the pension plan. He doesn't need to know anything. The division of the pension plan should have been done in your original dissolution proceedings, but better late than never. Good Luck, Pat McCrary

Re: Retirement benifts to wife after divorce

This is why you need to join the pension plan to the dissolution case as an additional party and prepare a QDRO. The joinder stops the plan from paying him benefits until they receive instuctions on how much is your share ( the Qualified Domestic Relations Order). Once these are in place the divy up the pension and automatically pay you at the same time. You don't have to know for certain he is collecting to get this done now if you want to deny that the kids told on him. You can simply say that in planning for your own retirement that you mentioned to your advisor that you thought you would recieve some benefits from his employer. You probably need an attorney to help you with this. The joinder is pretty straightforward but drafting a QDRO may require some actuarial work and is often farmed out to a specialist. The attorney can also save you from having to deal with him or his employer. Some employers act as if your a thief for trying to take possession of your community property that they have been holding on your behalf since the divorce.

Re: Retirement benifts to wife after divorce

Have your attorney write him, or hire a new one to do it. Call me directly at 16192223504.