AM I ENTITLED TO HALF OF MY SPOUSE’S RETIREMENT?

QUESTION: After 11 years of marriage, I am getting a divorce. Am I entitled to half of my spouse’s retirement?

MY RESPONSE:

You are entitled to 1/2 of the community portion of your husband's retirement.

Any portion of your husband's retirement earned prior to the marriage or after separation is his separate property.

A QDRO (Qualified Domestic Relations Order) will need to be prepared, signed, made an order of the Court, and served on the retirement plan (in addition to the Judgment), in order to comply with ERISA requirements.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |