Legal Question in Wills and Trusts in California

My ex is retired military of 20 years. We were married for 20 years, have been divorced for 13 years, he has since remarried. I consulted a QDRO attorney a few years ago and he advised me that since I was getting $600 a month in alimony that it would be in my best interest not to pursue his retirement. I was advised that I could loose the alimony pmt. and not receive much more from his retirement. How could this be if he gets a raise from this retirement every year?

Asked on 8/15/13, 8:56 am

3 Answers from Attorneys

Scott Jordan Jordan Law Office

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What did you agree to in your divorce settlement? Was there language included about his retirement pay, or did you simply agree to $600 per month for life?

I think the QDRO attorney meant that if you pursue the retirement pay, your portion may be less than $600 per month. The payment is a mathematical calculation.

Answered on 8/15/13, 9:32 am

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Victor Waid Law Office of Victor Waid

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You are advised to contact a family law attorney that specializes in the area of law you are inquiring about. My suspicion is, you were entitled to both the support order and a division of his retirement, as his retiremnt was an acquired asset during the marriage, and therefore would have been divisible as a community asset, maybe as an offset against other assets, if the military retirement was not assignable.

Answered on 8/15/13, 12:59 pm

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