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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been married 38 years. My assets are $160,000 my IRA....

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I have been married 38 years. My assets are $160,000 my IRA.... My wife's IRA is
$160,000. I only have social security as a retirement plan, est. $1800 age 62.
My wife just retired as a teacher and has a retirement o $5700 month.
My wife's income prior to retirement for $81,000 and my present income is $55,000 as
an insurance agent. My son became a drug addict in the middle of his Master's degree
program at Eastern Washington State. He came back home 4 years ago and we have
been trying to help him since with little benefit. Emotionally my wife has blamed me
for this and has pulled herself away from me for the last 2 years. I need to probably move
on at this point. Question: Money assets are about equal. Large discrepancy in retirement
income. Do i have right to some of her retirement pension (with STRS, state teacher
retirement plan? (we have been right out of college are entire working life).
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. When you state "Do i have right to some of her retirement pension," do you mean if your divorce?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

Yes if i get a divorce

Thank you for that clarification.

All property acquired during marriage and before separation (other than by gift or inheritance (Ca Fam § 770(a)(2)), is community property. This includes pension. So both her pension and your pension is community property. Essentially, you can "combine" them into one pension at divorce, and then have it split.

But split how? California is considered a "Community Property" state. This means it would be split as evenly as possible. So say you have $50 in pension, and she has $150. Then it would be $200, and each would receive $100 (in this case, you would get $50 from her pension).

So yes, you would have a right to part of her pension as needed to make the split of both pensions as even as possible.

I hope this helps and clarifies. Good luck in this matter.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.


You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.