Legal Question in Family Law in California

Retirement in Divorce Case

I am a U.S. Military memeber my wife of eleven years is talking of divorce. How much of my 20 year retirement from the service does she rate under California law? I have not yet retired but will in a few years. All of the time we were together I was in the service. How long will she be able to keep collecting on my retirement? Thank you for your time.


Asked on 8/27/04, 9:48 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Retirement in Divorce Case

The general rule is that the length of the marriage divided by the number of years for the entire retirement plan, in this case 20 years, gives the fraction of the pension that is community property. Her interest would be 1/2 of the community property interest. She would receive her share of the pension for the reminder of her life, or other factor that results in the pension being terminated.

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Answered on 8/28/04, 1:28 am


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