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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33928
Experience:  Employment Law Expert
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I am due w pension this November. Is it community property?

Customer Question

I am due w pension this November. Is it community property?
JA: Have you documented this or discussed it with HR?
Customer: no
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I worked full time "at will "for 11 years and left since 1990, but I got vested . I can get $ 410/ mo
JA: Anything else you want the lawyer to know before I connect you?
Customer: If I get lump some I will get $78K, ( but apy tax opn it) but my husband will need to consent to that. Otherwise, he is eligible for $205/mo after I die.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 year ago.

If you were married during the time you were earning the pension then that portion that was earned during the marriage would be community property and subject to division by the court. What happens is the judge issues an order known as a QDRO that divides the pension for the dates of the marriage. Those amounts are then set aside by the pension administrator and can be drawn by the ex-spouse when the working spouse becomes eligible to draw their's.

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