Legal Question in Family Law in California

When my wife of 17 years asked for a divorce, she was awarded by the court half of my pension plan at the time of our seperation. The papers say she must submit a form to the company if and when she plans to collect part of the pension. She has never submitted any legal forms yet. I was thinking about collecting this pension at the age of 60. If she decides at a later time to start collecting off this pension (say 5 years later) I know that at this time my pension would be reduced and split proportionaly. The money that I had been collecting for so many years do I have to give it back to her or do i get to keep it? For all I know she may never file or file years later. As a note I have no problem with her taking part of the retirement.


Asked on 8/17/11, 3:08 pm

1 Answer from Attorneys
Patricia Vanharen Law Office of Patricia C. Van Haren

You should contact an attorney before you decide to take an early retirement. An early retirement (prior to age 65) may not impact the amount that your wife receives, nor would it terminate spousal support. If you were living off the retirement, your share would be reduced by the amount that she is entitled to. While you may not have to pay back the money that you took, the total amount of pension that you would receive would be reduced so that she can receive 1/2 of the community interest.

Read more
Answered on 8/18/11, 9:34 pm


Related Questions & Answers

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