Legal Question in Family Law in California

Is a spouse entitled to retirement 3 years after a divorce

If a couple gets divorce, can the husband come back three years later and ask for half of his wife's retirement from during the time they were married.

He didn't ask for it during the divorce, but now he wants half of her retirement. He kept the family home and furniture, she kept her retirement and cashed it out.


Asked on 5/02/01, 12:48 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Is a spouse entitled to retirement 3 years after a divorce

If the retirement was not dealt with in the dissolution judgment, it can be divided now as an ommitted asset. If it was part of the division in the judgment, then it is probably a done deal and your ex cannot now make a claim. If you thought you kept your retirement in exchange for the house, and that didn't happen in the judgment, you didn't get good advice before and need good advice now. See an attorney to reveiw the judgment with you. Good Luck, Pat McCrary

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Answered on 6/19/01, 12:59 pm


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