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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36939
Experience:  30 years in Employment law
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If I have an ex wife we where married fir ten years and

Customer Question

if I have an ex wife we where married fir ten years and divorced for 33 yrs what can she claim
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 1 month ago.

Are you wanting to know if she can file for say social security or was there a property division, can you elaborate about what information you need here, thanks..

Customer: replied 1 month ago.
she claims she can get 25% of my earning or pension
Expert:  Ray replied 1 month ago.

She would be entitled to half of the amount of retirement you contributed during the 10 years of marriage assuming you were contributing to the marriage.This should have been divided during the divorce here.

If you accept here be happy to chat until we are done, thanks.

Expert:  Ray replied 1 month ago.

I am not set up for calls but can answer any questions you have online, sent you the offer.Thanks

Expert:  Ray replied 1 month ago.

Let me know if you want to do unlimited chat here, I sent you an an offer and would be happy to talk about your divorce and these issues.

Thanks again for the chance to help

Customer: replied 1 month ago.
If I retired in 1996 and there was no claim can she claim on second retirment
Expert:  Ray replied 1 month ago.

Then no if you were not contributing for the years you were married, sounds like you were already retired.The income during the marriage was marital but she has no claim from the date of filing for divorce.She has no legal right to it since you were already retired.This is not community property, it was your separate premarital property.She may want it here but that isn't going to happen under California law it was premarital --probably why she got nothing in the divorce.Legally it is tours and yours alone.

I appreciate the chance to chat.Let me know if you have more here.

Expert:  Ray replied 1 month ago.

Reference to the law

Separate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property. Rents, profits, or other money you earn from your separate property is also separate property. And property you buy with separate property is also separate property.

Expert:  Ray replied 1 month ago.

Bot***** *****ne it does not appear she has any claim since you were already retired when you married her.Thanks.

If you can rate 5 stars it is always much appreciated.

Customer: replied 1 month ago.
If we divorced in 1983 and I retired in 1996 can she still claim
Expert:  Ray replied 1 month ago.

If during the 10 years you were married you contributed to the plan then yes she can seek half of what you contributed during the 10 years you were married that you also contributed to the plan.They have to have a forensic accountant or CPA compute this and there is a specific order called a QDRO qualified domestic relations order that tells the pension folks how to split it out.We might be talking a pretty small percentage say 10-15% of what your pension is.

Expert:  Ray replied 1 month ago.

If you can rate 5 stars it is much appreciated.