Legal Question in Family Law in California

pension

My ex husband has been receiving military pension since our divorce in California more than 15 years ago.

Since my husband has been a resident of California and obtained only the dissolution of our marital status only reserving jurisdiction of marital properties in this state,

I am now pursuing his pension in California. Although I haven't yet retired, he is pursuing my pension in California as well.

In New York, my ex husband can only share the pension earned during the course of our marriage till the time of the filing of the dissolution action. Since I have never been a resident of California and my pension is being earned entirely in New York, I should be protected by NY laws. It would be unfair that my pension be valued and equally divided at the time of my action in California just because my ex husband chose to move and divorce me in this state.

If my ex husband has to reinburse me for my share of the military pension payments he had received since our divorce, would I have to pay him his share to my vested defined pension at the time of our divorce even if I have not yet received any pension payments?

I appreciate your response.


Asked on 1/16/06, 2:36 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: pension

I do not agree with Mr. McCoy. 2337 does not divest the court of jurisdiction if not joined and, also, the court expressly reserved jurisdiction. I hope you have an attorney in California. The facts you recited raise many issues of conflicts of laws. You should not file any pleadings in California without talking to an attorney in New York that is familiar with conflicts of law issues as well as family law. Your pension should be divided by New York laws, but could be divided by the California court, using New York law. The same New York law may apply to his pension. California law also states that only pension accrued during the marriage is divided by the court. These are conplex issues. You should have an attorney or it could cost you tens of thousands of dollars if not hundreds of thousands of dollars. Good Luck, Pat McCrary

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Answered on 1/17/06, 11:18 am
Robert Mccoy Law Office Of Robert McCoy

Re: pension

Your ex husband cannot probably get your pension, nor can you probably get his. Under California Family Code Section 2337(c)(6) a pension or retirement plan must be joined prior to a status termination of marriage.

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Answered on 1/16/06, 5:13 pm


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