Legal Question in Family Law in Utah

I recieve a disability retirement income from the California Public Employees Retirement System.

I am given to understand that this benefit is mine due to a lifelong diminished earning capacity. I also understand that if my wife outlives me, she will recieve a (reduced) lifelong benefit.

If we divorce is she entitled to any portion of my disability retirement income?


Asked on 9/10/09, 7:12 pm

2 Answers from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Yes.

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Answered on 9/15/09, 11:34 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

That depends on all of the factors relating to your income and financial situation. Some courts consider the disability income to be your personal compensation for your disability, and not part of the marital estate. However, if you generally mingled your disability income with other family income and expenses, the court may consider that you "donated" that income to the marital estate. If you have other income which was sufficient to support your marital obligations, then the disability income may be excluded. You will need to talk with an attorney about your situation in detail.

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Answered on 9/16/09, 10:19 am


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