Will my husband get all his medical retirement? 4 Answers as of January 25, 2012

My husband is getting a medical retirement from calpers for the last 25 years and says his all future checks are his and I can not touch them, and prior amounts that we have received are also his, we deposited them into our joint savings accounts. We have been married for 32 years.

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If these funds were earned during the marriage, then they are community property and you are entitled to your share. Please meet with an experienced family law attorney to explore your options and protect your legal rights.
Answer Applies to: California
Replied: 1/25/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If the benefits were accumulated during the marriage it is a community asset and you have an interest in it. It does not matter that he is taking a medical retirement, you still have a community interest in the retirement plan.
Answer Applies to: California
Replied: 1/25/2012
Peyton and Associates | Barbara Peyton
If you are talking about disability income, the answer is yes. I strongly suggest you see a lawyer in person and have the retirement benefit reviewed.
Answer Applies to: California
Replied: 1/25/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Absent a premarital agreement stating otherwise, compensation earned during marriage is community property. The key question is when the compensation was earned, not when it is recieved.
Answer Applies to: California
Replied: 1/25/2012
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