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I have question re: Family Law/Divorce and a QDRO around

Pension to ex-spouse? JA: Because family...
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No, divorce was approx 15 years ago.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do not have a copy of my divorce papers unfortunately ..... so hoping they may still be able to give advice on Pension going to ex-spouse since she has remarried?
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Answered in 14 minutes by:
10/26/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,730
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Can you tell me more about your situation? Was your former spouse awarded part of your pension as alimony or as part of the community property distribution? Usually, if a QDRO was involved, that means it was part of the community property. If you were already receiving pension payments at the time of the divorce, it could have been done as alimony instead.

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Customer reply replied 1 month ago
It was part of the community property distribution. Short marriage approx 2 years, so no alimony was involved. I was not receiving any pension at time of divorce. I began pension approx 1.5 yrs ago. She has a very small percentage, however she has remarried and has a much better job currently.

Thank you.

I'm afraid the community property portion of a divorce cannot be revisited or changed after the fact. She was legally entitled to that part of the pension by virtue of being married to you when you made the contributions. This is because all money earned during the marriage belongs legally to both of you. If she didn't get a part of the pension, then you'd get the full benefit of that money, and that's not legally considered fair. A community property distribution cannot be affected by things that happen after the divorce. Her remarriage unfortunately doesn't change her entitlement to that money.

If it had been alimony, then you could ask that it be terminated.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,730
Experience: Attorney with experience in family law.
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,730
30,730 Satisfied Customers
Experience: Attorney with experience in family law.

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