Legal Question in Family Law in California

My wife's retirement pension began in 2000, we separated in 2003 and we are divorcing this year. on her petetion she states we separated in 2000. i'm sure that to keep from having to give up any of her pension to me. my question is what percentage of her pension am i entitled to?


Asked on 12/05/16, 1:58 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

You're correct in assuming that your wife is attempting to protect her pension by claiming that you separated in 2000. If the court determines that the date of separation was before the pension was earned, then the pension would be considered her separate property. If any portion of the pension was earned during the course of the marriage, one half of the pension earned in that period of time would be your share.

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Answered on 12/05/16, 4:09 pm


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