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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35374
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My divorce case, state of california, settled, 8-10-98. y

Customer Question

Hello...my divorce case, state of california, settled, 8-10-98. y ex-wife (petitioner) is "entitled to one -half of the community interest in respondent's pension plan". If she re-marries, is she still entitled to half of my pension?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I wish I could tell you that a share of a pension is treated like spousal support which is effected by remarriage. But, a spouse's share of a retirement plan is deemed a property right and that property was divided in the divorce. Despite the fact that your ex's share of the retirement plan has not yet been paid to her, her remarriage in no way works to eliminate her entitlement to that share of the plan in the future. The division of property in a divorce is deemed contractual in nature and future events such as death or remarriage do not eliminate that person's right to the property, or in the event of death, to the decedent's estate's right to the property.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

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