Legal Question in Civil Litigation in California
Pension Claim
My divorce agreement states that I am entitled to half of my ex-husband's pension, but must get a lawyer and go to court to claim it. My ex says that court may not be needed because pension claim rules follow set protocalls. I am only employed part time and live in a different state than my ex, so not going to court would be easier for me. My ex is not retired, but is retirement age, so I can apply for my portion of his pension, even though he is still working. My ex tells me that I can either claim a lump sum amount or set up a monthly payment of one third of whatever his monthly pension payment would be. I would like to do the monthly payment plan, but the one third entitlement may be erroneous because I believe it is based on the fact that he remarried and his second wife also has a claim to his pension. However the second wife died of cancer a year ago so I don't believe that she would still be able to claim a third. I need to know if I have a claim to half, as originally stated in my divorce agreement, and if I can have my ex set up the monthly payment arrangement for me. The Telephone company he works for is saying I need a lawyer to assure that my best interests are protected. Can't it be done by the company pension rules?
4 Answers from Attorneys
Re: Pension Claim
Everyone is right, you do need a lawyer. I'll tell you that you are entitled to more than a third if you were married to your ex longer than his next wife. I recommend getting representation before taking anything your ex says as gospel. Good Luck and call me if you'd like. (310) 806-9237
Re: Pension Claim
It is usually a bad idea to accept legal advice from the person against whom you have a claim. Even if your ex is trying to be fair, this area of the law is complex and he probably doesn't know what he is talking about. He also has a very strong incentive *not* to be fair, and may well be trying to talk you into a deal which is more advantageous to him than what you are entitled to.
Get a lawyer. Even if you only pay for a few hours of consultation, you need competent advice from someone whose interests are not alligned with your ex-husband's.
Re: Pension Claim
Your ex-husband is right and pension plans follow specific rules. To determine what your interest in his pension plan an attorney would need to look at the divorce decree, the pension plan's current value and the value at the date of divorce. Do not go forward without legal representation.
Re: Pension Claim
Here's vote number 4 telling you to get a lawyer. Get a lawyer who can draft a QDRO and guarantee you it will be accepted by the plan administrator.
The sum you are entitled to is worth looking after and definitely worth a few hours worth of consult time to get it right.
Sorry I agree with the three other lawyers telling you to get a lawyer. You need to be represented!
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