Legal Question in Family Law in California
My wife and I divorced in 2003, in which I agreed to give her half of my pension upon receipt (at age 62; I am 54 now). When we signed the paper she checked a box agreeing to go back to her maiden name (LeBlue), but instead continued to use mine (Stelly). Would this be a breach of contract on her end and could the deal to give her half my pension be voided?
3 Answers from Attorneys
It is not a breach and no, it doesn't void the order
She can use whatever name she wants to and it has nothing to do with your pension.
Public-policy and California law permits the spouse to either use their married name, maiden name or elect another name for purposes of identification as long as it's not done for the intended purpose of concealing their identity or running from creditors.
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