Legal Question in Family Law in California
Retirement
In my final divore papers it says that I am entitled to 50% of my ex husbands retirement from the date of marriage to the date of seperation. There have been no additional funds put into the account since then. The QDRO asks with or without allicable invests or losses. As the account has lost money since then am I entitled to the amount as of the date of separation or what is there now? The order doesn't say which what is the law?
2 Answers from Attorneys
Re: Retirement
from the facts given so far, it sounds that you should be entitled to the amount as of the date of the court order. if the accountant breached a fiduciary duty (due care) in accruing the losses on the funds you were entitled to, you may have a cause of action against him/her personally for your losses as well. email me with more specific facts of your case and i may be able to assist you.
Re: Retirement
I disagree with attorney Torrey. From what you have stated it appears that this is an in kind division and therefore you will get 1/2 of the gains and 1/2 of the losses. Only a review of the judgment will answer the questions. Since most retirement plans have gone down in value over the last year or so, whether you have an action against the administrator is doubtful. Good Luck, Pat McCrary
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