I am entitled to any of my husband's reitrement money? 6 Answers as of July 14, 2011

My husband and I are both retired law enforcement officers. His retirement is twice as much as mine. He is entitled to Social Security at age 62. Am I entitled to any of his retirement?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Assuming that you and your husband are getting a divorce, each of you is entitled to your respective 1/2 community share of the other party's retirement. Retirement funds earned during the marriage comprise the community share, but retirement funds earned prior to marriage are not part of that community share.
Answer Applies to: California
Replied: 7/14/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
California community property law establishes that any spouses earnings acquired during the marriage is community property. If your husband's retirement was earned all or in part during the marriage, then you will be entitled to your portion earned during the marriage. If retirement was earned before marriage or after separation, then that segment would be the husband's separate property. To protect your legal rights and get a better understanding of your options, I urge you to meet with a skilled family law attorney.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
All property acquired during marriage, including retirement benefits earned, are community property and subject to division upon dissolution of marriage.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
If he accrued any part of that retirement during the marriage, you are entitled to your share, and vice versa. Since he was earning more, your share of his is a higher dollar amount than his share of yours. Go get that fat safety retirement.
Answer Applies to: California
Replied: 7/13/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
The answer to that question depends upon if you are still married and living together. You are entitled to one half of your husbands retirement account during the time of your marriage. However, after date of separation you are no longer entitled to the "additional value" in the retirement account.
Answer Applies to: California
Replied: 7/13/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If he acquired any value in retirement benefits during marriage, and there is no premarital agreement stating otherwise, then yes, such benefits that accrue during marriage are community property.
    Answer Applies to: California
    Replied: 7/13/2011
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