When should my husband give me my portion of the pension? 2 Answers as of May 27, 2011

A Judge ordered my ex husband to cash me out of pension. Does he cash me out the day we separated or should he wait for my divorce date?

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

Free Case Evaluation by a Local Lawyer: Click here
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your community interest of the pension plan was earned only to date of separation. Post-separation contributions to your husband's pension plan are his separate property. If the pension is a defined contribution plan (i.e., a 401K or similar plan), your community interest is 1/2 of the contributions to the 401K plan during the marriage, plus or minus investment gains or losses to the date of distribution. If the pension is a defined benefit plan, your community interest is calculated on the "time rule", which is based on the length of time of your husband's participation in the pension plan during the marriage compared to the total length of time of your husband's participation in the plan - of which your community interest is 1/2.
Answer Applies to: California
Replied: 5/27/2011
Komanapalli Massey LLP
Komanapalli Massey LLP | Mark A. Massey, Esq.
He is required to cash you out and you are entitled to the funds as soon as the court makes the order. He is entitled to a reasonable amount of time to get the process completed, but he is not allowed to dally. We can assist you if you are in our area and wish to retain us. We might be able to get your retainer and fees reimbursed to you by your husband.
Answer Applies to: California
Replied: 5/27/2011
Click to View More Answers: