Legal Question in Family Law in California

My former husband and I did not immediately implement some of the agreements in our Dissolution of Marriage Judgement that was filed on June 1st, 2012 in California. We are trying to wrap things up this summer. I have heard recently that agreement should probably havehad time frames included for implementation of everything (We were rerepresented by attorneys), and we should have taken care of things right away. Our agreement included a chart, Exhibit "D", which listed specific assets and debts, including bank accounts, TSA 403b accounts, and Mutual Fund accounts. The letter H or W was paced in the box to indicate who would take ownership of the asset or debt, but no specific dollar amounts were specified in the exhibit "D". The exhibit chart indicates thatbI (wife) was to receive a particular TSA MetLife 403b account, which, at the time of the agreement, was worth approximately $115,000. Earlier in the Judgement, an equalization payment amount of $116,237 from husbsnd to wife was specified, and that Equalization payment was paid immediately after our signstures on the day the Dissolution agreement was signed by us. Although no backup figures were included in the judgement document, The $116, 237 equalization payment was calculated, based upon the TSA's value of $115,000, on the June 1st, 2012 date that our Dissolution was finalized. Now, as we are getting ready for it to be transferred to me, it has gone up in value, by about $25,000, as it is partially composed of stocks. There have been no deposits made into the account by anyone, since our date of separation of Octoberb23, 2011. Is it appropriate for me to receive the entire account at this time, or just the amount $115,000? Thank you for any insight you might be able to offer.


Asked on 8/10/13, 10:04 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If the judgment or agreement that is incorporated into the agreement states that wife gets the account, then wife gets the account. It does not matter that the account has appreciated in value since the judgment.

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Answered on 8/12/13, 9:14 am

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