Legal Question in Family Law in California
I got a divorce in 2013 from my husband of 11 years. In the divorce papers it says I should receive my share of his military pension plan by way of QDRO, to be prepared by his attorney. He pays me child and spousal. Every time the topic of me getting my share of his pension, he would say that I did nothing to deserve a part of it. I kind of let it go because I didn't want to fight. But, isn't he supposed to give me that?
1 Answer from Attorneys
In California, any asset or income earned during the course of the marriage is community. If the pension was earned during the course of the marriage that portion earned in that time span is community.
From your question it sounds as if you have a court order awarding your interest.It's now a matter of returning to court to enforce the order and establish your interest as to how it should be paid when it is vested.
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