Legal Question in Family Law in California
Modify Divorce Settlement
My ex-wife is entitled to a percentage of my pension from a public safety agency. The spirit of the agreement was to be worth considerably more if I had retired with a regular service type retirment. However, I have retired relativle young on disability and likewise the pension is reduced. My ex in fact makes considerably more money than I do now. What can I do?
1 Answer from Attorneys
Re: Modify Divorce Settlement
The pension is community property based upon the benefit that acrrued during marriage, so it's like any other asset that was divided at divorce, think of it as her share of the house for example. her subsequent income has nothing to do with the divorce property division.
Her post divorce income is a separate issue, it goes to support, child or spousal, and what she is receiving out of your pension is considered income, which further goes toward support. So maybe what you should be thinking about is requesting a spousal support award.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
