How do I obtain information during a divorce for a pension union retirement? 4 Answers as of May 12, 2011

I am in a California divorce now and my spouse does not want to produce evidence of a union pension plan. He refuses as in every check union dues are deducted. How may I get information?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Hire an attorney for join the pension plan.
Answer Applies to: California
Replied: 5/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Hire an experienced divorce lawyer. He/she will be able to do the discovery necessary to get your community interest in the retirement/pension plan awarded to you, among other things.
Answer Applies to: California
Replied: 5/11/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
He has an affirmative duty to produce the information. There are ways around it if he doesn't, but he should also be sanctioned for his conduct. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/11/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Contact the pension plan administrator (you can probably find the plan info via a Google search) and inform them that you are the "non-employee" spouse, and you would like copies of all the plan information, such as accrued benefits, etc. You should also notify the Plan Adm (in writing) that you are in a divorce with the employee spouse, and request that no benefits be paid unless and until there is a court order.

If for some reason the Plan Adm doesn't cooperate with your information requests, you can use various "discovery" tools to obtain the info. For instance, you can make a document demand on your spouse. You can subpoena documents and records directly from the Plan Adm. There are certain steps one can and should take to protect any non-employee spouse community share of the retirement, which cannot be adequately described in a few short sentences or paragraphs. I would strongly suggest that you hire a local family law lawyer to represent you to protect your interest in the retirement plan.
Answer Applies to: California
Replied: 5/11/2011
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