Legal Question in Family Law in California

Too old for Retirement?

My dissolution of marriage was final in 1988, after having been married for ten years. My ex not only failed to include the fact that he had pension and retirement plans, he specifically stated that he had neither, which was not true. I believe his attorney was aware of this. I did not have an attorney. I lived over 100 miles away with our two babies & had no transportation so the dissolution was granted by default. I have intentionally waited until both kids were grown and not living at home to check into this, to avoid making any waves, but I believe that I'm entitled and have a right to claim that part of his retirement that was community property and need to know if that would be possible at this time. He has been with the same company for 20+ years & is nearing retirement. I have no money for an attorney, but realize that I need one, as well as an actuary. Do I still have the right to claim this, and would the court require him to pay for my legal expenses, as he intentionally excluded this in the original dissolution? I have all the original documents.


Asked on 6/27/99, 3:29 am

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Too old for Retirement?

You are right, you definately need an attorney.

Yes, applying the facts as you stated them, it is not too late to go after your interest in the pension, assuming he still lives in California. It sounds like you would have a 25% interest. His statement that he did not have this asset, when he did, is extrinsic fraud.

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Answered on 7/07/99, 8:24 pm


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