Legal Question in Family Law in California

Re: share of retirement

When the court gives you half of a retirement it is usually neccesary to have an order sent to the administrator to instruct them as to how to divide the pension (you only get half of the part earned during the marriage) It's called a QDRO for Qualified Domestic Relations Order. If that wasn't done then they may have paid your share of the pension to your ex and you will have to calculate what he owes you. You should find an attorney to help you that will work on a contingency. email me if you want to discuss it.

Re: share of retirement

Usually the funds of a pension or retirement are not available until they mature and vest. It appears that your ex's retirement will not vest and/or mature until he is 55. Although I agree with the other attorney who has posted that you should retain a lawyer to examine what has happened in this case, and to examine the possibility of your being able to get your funds early. I believe that California law prevents family law lawyers from working on a contingency basis unless something has changed recently that I am not aware of.

Yes a QDRO should have been filed and approved by the Court and sent to the pension plan. No they do not usually have to pay until the plan matures and vest.