Legal Question in Family Law in Nevada
medical retirement pension plans as divisible assests
I have been married for twelve years. My husband and I are in the process of the divorce. Our only source of income is a tax free medical retirement from the fire service in San Ramon Calif.It is not a disability retirement. But a full medical retirement pension. It is my husband's pension. Am I entitled to half of that retirement pension because of the length of time we were married and isn't is considered a divisible asset? I filed in Nevada, we lived there a short time but would the Ca laws help me in this category. Are Nv and Ca different when it comes to dividing pension plans. We were married the whole time he was employed by the fire dept. I have not worked during this time. I have been raising my family whih includes our four children. If it is better to file in Ca. how do I go about stopping the divorce in Nv and starting over in Ca if needed. My attorney I think is a bit confused, because she keeps saying it's a disability retirement, but it is not. It is half of his regular salary tax free for the rest of his life. How can I make this clear to her and how can I get half of his (our) retirement.
3 Answers from Attorneys
Re: medical retirement pension plans as divisible assests
You (or your attorney) should consider hiring a pension expert to assist in resolving this highly complex area of law. You pose a question beyond the expertise of most family law practitioners.
Reply: medical retirement pension plans as divisible assests
In a general sense, under Califonria law, you would be entitled to one half of the community interest, which is defined as the contributions made between the date of marriage and the date of separation, plus the growth on that sum. You must be a resident of California for 6 months before you can file for dissolution here, and if there is another case pending in another state, that issue has to be addressed as well.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: medical retirement pension plans as divisible assests
Under California law the pension is probably his separate property as it is replacement for his lost wages. However, this area of the law is complex. You need to take all of the informaiton you have to it evaluated.
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