Is it automatic that a wife is awarded 50 percent of pension up until the time of divorce or should it be stipulated in divorce papers? 3 Answers as of May 07, 2017

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
An award of a pension would be 50% of the community's interest. The award should be reflected in the Judgment and later in a Qualified Domestic Relations Order so the retirement plan can properly divide the plan or the benefits.
Answer Applies to: California
Replied: 5/7/2017
Peyton and Associates | Barbara Peyton
Each spouse is entitled to one-half of all assets acquired from the date of marriage until the date of separation. This includes retirement benefits. To be enforceable, this division must be included in the marital settlement agreement or judgment document and a Qualified Domestic Relations Order (QDRO) must be prepared in order to have the retirement benefit honor the asset division.
Answer Applies to: California
Replied: 5/7/2017
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
While it's correct to state that you are entitled to your community property share of your husband's pension, there are certain legal steps that must be taken to preserve your interest in the pension. A joinder of the pension and a qualified domestic relations order (QUADRO)must be prepared and submitted to the court for orders to protect your rights and your receipt of your percentage of the pension when it vests. Please meet with an experienced family law attorney to explore your options.
Answer Applies to: California
Replied: 5/7/2017
Click to View More Answers: