California | Civil Litigation
Legal Question
Pension Claim
My divorce agreement states that I am entitled to half of my ex-husband's pension, but must get a lawyer and go to court to claim it. My ex says that court may not be needed because pension claim rules follow set protocalls. I am only employed part time and live in a different state than my ex, so not going to court would be easier for me. My ex is not retired, but is retirement age, so I can apply for my portion of his pension, even though he is still working. My ex tells me that I can either claim a lump sum amount or set up a monthly payment of one third of whatever his monthly pension payment would be. I would like to do the monthly payment plan, but the one third entitlement may be erroneous because I believe it is based on the fact that he remarried and his second wife also has a claim to his pension. However the second wife died of cancer a year ago so I don't believe that she would still be able to claim a third. I need to know if I have a claim to half, as originally stated in my divorce agreement, and if I can have my ex set up the monthly payment arrangement for me. The Telephone company he works for is saying I need a lawyer to assure that my best interests are protected. Can't it be done by the company pension rules?
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