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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39027
Experience:  Retired (mostly)
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If a couple got divorce and the retirement was split 50/50

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If a couple got divorce and the retirement was split 50/50 and it was time for the spouse who pays alimony to retire, is the spouse entitled to receive money from the former spouses retirement even though she already received her half at the divorce settlement?

I'm not sure that I understand the question, but I'll try to answer, and if I misunderstand, please clarify and I'll adjust my answer accordingly.

Let's say that the divorce judgment found that H had a $100,000 retirement plan from his employer. W had the option of taking $50,000 at divorce, or waiting until H retired and then taking 50% of the benefit available at that time. W chose to take the $50,000 option (called a lump-sum distribution). W would have no right to H's 50%, because that would be his share of the community property.

If W elected to wait until H's retirement, and it turned out to be worth $200,000, then W would have received $100,000. But, H's retirement could have also fallen to $25,000, and if it did, then W would only receive $12,500. So, there would be a risk and a benefit to waiting -- which would be unpredictable in advance.

Given the above example, if W has already received her 50% of the retirement, then she has no claim on H's remaining retirement -- no matter how much appreciation has occurred.

Please let me know if I can be of further assistance.
Customer: replied 4 years ago.

you answered my question, although is this information apply in California ? Also if the ex -W spent her part of the retirement and has no more money in her retirement , does the H retirement have to go to paying her for alimony once he retires

I am a member of the State Bar of California and I have comprehensive experience in Family law. So, yes, the answer applies to California.

Re spousal support, if the court reserved jurisdiction to award spousal support as part of the judgment of dissolution (or settlement agreement), but did not actually award support at the time of dissolution, then it could do so now, regardless of H's retirement -- though, the amount of support would be severely reduced, because the court cannot force a person of retirement age to go back to work in order to support his former spouse in the manner that existed during the marriage, while the supporting spouse was working.

If the court did not reserve jurisdiction to award support at the time of judgment, then it cannot do so now, after judgment of dissolution is entered.

I'm off for dinner for about an hour. If you have another follow-up question, I'll be happy to answer it as soon as I return.

Thanks in advance for your understanding.

socrateaser and 4 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

How do I get back with you?

I'm here almost every day.