Legal Question in Family Law in California
Retirement
I am married to a man who had already been married. He was in his previous marriage for five years before he divorced her. my question to you is that when my husband retires does she get partial of his retirement?
2 Answers from Attorneys
Reply: Retirement
She was entitled to her community property interest in his pension plan at the time of their divorce. You would have to check the Judgment to be certain. It is a public record and can be found at the courthouse where the divorce took place.
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Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Retirement
There is probably a community property interest in his retirement. However, the value of 5 years on a retirement program is often minimal and is exchanged for another asset. You would have to look at the judgement to determine if she has an interest in his retirement.
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