Nevada  |  Family Law

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4/22/04, 2:55 am

Legal Question


medical retirement pension plans as divisible assests

I have been married for twelve years. My husband and I are in the process of the divorce. Our only source of income is a tax free medical retirement from the fire service in San Ramon Calif.It is not a disability retirement. But a full medical retirement pension. It is my husband's pension. Am I entitled to half of that retirement pension because of the length of time we were married and isn't is considered a divisible asset? I filed in Nevada, we lived there a short time but would the Ca laws help me in this category. Are Nv and Ca different when it comes to dividing pension plans. We were married the whole time he was employed by the fire dept. I have not worked during this time. I have been raising my family whih includes our four children. If it is better to file in Ca. how do I go about stopping the divorce in Nv and starting over in Ca if needed. My attorney I think is a bit confused, because she keeps saying it's a disability retirement, but it is not. It is half of his regular salary tax free for the rest of his life. How can I make this clear to her and how can I get half of his (our) retirement.


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