Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Do you have be married a certain number of years for your spouse

to get any of your...
Do you have be married a certain number of years for your spouse to get any of your retirement in California?
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
11/1/2013
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified

Thank you for your question. Please permit me to assist you with your concerns.

 

Technically speaking the second you are married, any assets earned or obtained once married are considered to be communal. Any growth in value, such as for your retirement, likewise becomes communal going forward. If, for example you have a pension plan worth $40,000 during marriage, and it is worth $50,000 6 months later, half of the growth (the $5,000) is technically something your spouse could pursue. Similarly retirement evaluations use the same calculation from date of marriage to date of retirement to figure out each spouse's fair share.

 

Hope that helps.

Ask Your Own Legal Question
Customer reply replied 4 years ago

I have a government retirement that I will get when I retire, but it wont be for many more years. I want to pursue a divorce, so does that mean I have to have an agreement of some kind worked out before I can file for divorce which will be part of the divorce? Or can I just file for the divorce and say nothing about the retirement and if my husband wants to fight me about it, he will have to take me to court?

Dena,

 

Thank you for your follow-up. Typically your divorce settlement agreement can address the retirement situation. Perhaps the other spouse will choose to waive his rights and obligations but perhaps not--those terms are typically negotiated and written up before a divorce agreement is signed, and final dissolution is ordered. You do not need an agreement when you file for divorce, but to finally get a divorce settled you both would need to agree to some sort of set of terms.

 

Good luck.

Ask Your Own Legal Question
Customer reply replied 4 years ago

Dimitry, do you think I need to hire a lawyer to do the divorce settlement agreement concerning my retirement, or is this something a paralegal can do?

Dena,

 

 

A paralegal cannot generally represent you, he or she can typically help you file the paperwork on your own. To be frank, if you have a decent education and have the ability understand the process, you can do this on your own. The attorney only comes in if the other party does not agree to terms and tries to complicate the situation. Then costs rise for both of you. Hiring a paralegal is best if all of you agree to terms, so the pare can easier help you file. Otherwise do it on your own, or retain counsel if the other spouse creates more difficulty. A paralegal by itself is not sufficient in that case, and you would still need to retain counsel.

 

 

Hope that helps clarify. Good luck to you!

Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Dimitry K., Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Can you point me in the right direction on where to look on how to write up my own divorce settlement agreement? Do you know of a template I could use or a website to go to?

Dena,

Here is an example from a different state that you could use as a baseline for your own agreement. Since each agreement is fairly specific, there is no one-size-fits-all, but this can help you see what an agreement should have to be useful:

http://www.buzzle.com/articles/divorce-agreement-sample.html

Hope that helps!

Sincerely, XXXXX


To speak with me again, please follow the link or request me by name.

http://www.justanswer.com/law/expert-dimitry-esq/

Please rate my information as "great service" if you found it to be useful. Thank you!
Ask Your Own Legal Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Can a signed property settlement agreement be appealed
Hello, can a signed property settlement agreement be appealed before it goes before a judge? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
I have a court order for my Marriage settlement agreement
I have a court order for my Marriage settlement agreement that lists an end date for child support. As I understand, I will need to make a motion for emancipation. If the end date is June 2018, how fa… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I have had a Marital settlement agreement with my Ex-wife
I have had a Marital settlement agreement with my Ex-wife and She filed for a no fault divorce which I consented to and included the MSA in the filling and divorce was granted.The MSA included the cus… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Let's say I entered into a settlement agreement with a
Hi,Let's say I entered into a settlement agreement with a publisher after I was found to have sold counterfeit books from that publisher, agreeing not to infringe again. The contract also stated that … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
My Marriage settlement agreement (MSA) states that I will
My Marriage settlement agreement (MSA) states that I will pay child support until our child turns 22, which is in a few months. In order to make it all official, do I have to make a motion to emancipa… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
​DOES THE FACT THAT A FLORIDA SETTLEMENT AGREEMENT WHICH
​DOES THE FACT THAT A FLORIDA SETTLEMENT AGREEMENT WHICH LACKS A WAIVER OF CALIFORNIA CIVIL CODE § 1542 INVALIDATE THE RELEASE WITH THE CALIFORNIA PARTY IN A FLORIDA STATE COURT PROCEEDING? Is their a… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
If a settlement agreement has been signed by both parties,
If a settlement agreement has been signed by both parties, can it be changed: … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In a settlement agreement between two individuals, (one
In a settlement agreement between two individuals, (one citizen of US, one of AU) would a clause giving to California "sole, mandatory, exclusive venue and jurisdiction" over the dispute as to the "te… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
If settlement agreement contains a clause that both parties
If settlement agreement contains a clause that both parties agree to ask the court to seal/redact lawsuit records, would the court normally agree to seal/redact such lawsuit records? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need some case law on a settlement agreement that was
I need some case law on a settlement agreement that was forged and the forgery was discovered on a renewal of jugment. In california superior court … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am looking for a simple family settlement agreement for
I am looking for a simple family settlement agreement for the state of Pa. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Can a Motion to Enforce a settlement agreement be brought
Can a Motion to Enforce a settlement agreement be brought back to the same court where the action was dismissed with prejudice upon settlement?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Briefing 1. I and plaintiff reached settlement agreement in
Briefing 1. I and plaintiff reached settlement agreement in the open court when Judge was there 2. The agreement had a big open end, both agreed that there are two issues needed to reach AGREEMENT, on… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I need MARITAL SETTLEMENT AGREEMENT that removes any
I need MARITAL SETTLEMENT AGREEMENT that removes any interest of spouse from my business. Spouse willing to sign paperwork. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I received a settlement agreement. The agency put a clause
I received a settlement agreement. The agency put a clause that I am not to seek employment there for the next five years. If this is supposed to be a no fault agreement, then they shouldn't be implyi… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I recently entered into a settlement agreement. After I
I recently entered into a settlement agreement. After I signed one version of the release of claims, the defendant came back asking that I sign a different version that includes more specific language… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If I sign a settlement agreement that says I will keep
If I sign a settlement agreement that says I will keep everything about the lawsuit confidential (i.e. confidentiality clause), can I still use the information about the lawsuit to complain about the … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
Would you examine the settlement agreement that I have to
Would you examine the settlement agreement that I have to sign and return to the attorney of Home Depot before April 5? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x