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