Legal Question in Family Law in California

Re: first wifes rights

A former spouse has no rights to your social security.

A former spouse may have rights to your pension, if a portion was

earned during the marriage. The Judgment of Dissolution is the place to

start: see if any provision was made. If not, then it may still be an

omitted asset subject to allocation by the court. In the worst case, the

spouse may have to reimburse the former spouse for her share of all payments

received. You should have your situation analyzed for you by an attorney.

Re: first wifes rights

A spouse (first, second or tenth) has rights in the other spouse's pension if the pension was earned all or in part (technically, even one day) while the parties were married and not separated.

A spouse has what are called derivative rights in Social Security. It would require a marriage of at least 10 years. Unlike the pension rights, this does not decrease the SS benefits for either spouse.

A pension right, not SS, can be enforced at any time after the (let's say) husband could have retired, even if he doesn't.

What should a lawyer do to protect against this division? Not much can be done, unless one is in a position to actually challenge Calfornia jurisdiction. Can seek a waiver or a buyout. Depends on the situation, the facts, the circumstances of the parties and other elements.

Re: first wifes rights

If they were married for atleast ten years then

she has a right to a social security check once

he dies. In fact, every wife that he has been

married to for atleast ten years has a right to

whatever social security benefits he had received.

For example if he received a check for $200 and

had three wives that he had been married to for ten

years each, each wife would receive a check for $200

after he died, until they died. This benefit cannot

be denied in a divroce decree. As far as pension, that

can be determined with a divorce settlement. However,

California is a Community property state so the

wife is entitled to half of all the

money put into all retirement funds

during the marriage, just as the husband is

entitled to half of all funds in her name.