Legal Question in Family Law in California

retirement proration?

I was divorced in 1988 after 17 years of marriage. I am a California State employee and a member of PERS. I am looking to retire. Splitting my retirement was an element of our settlement. Can it be renegotiated at this point in time? Is she entitled to 1/2 of my ultimate retirement award or is it prorated from the point in time that we were divorced- 1988 dollars? She has remarried.I had a sign language interpreter at the time who was not certified and I was under much duress. Do I have any recourse?


Asked on 8/29/05, 5:25 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: retirement proration?

I would have to look at your agreement to give you an answer. In most cases, a spouse is only entitled to the percentage of a retirement account that exist at the time of legal seperation. In your case you may have gone above and beyond that. There is no way to tell without looking at your settlement agreement.

You can always re-negotiate any agreement. If you want me to look over your papers give me call.

Read more
Answered on 8/29/05, 10:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California