Am I entitled to half of my ex-husband's retirement if we divorce?

Full question:

I'm married 8 years and my ex-husband he has a retirement at his work. I'm entitled to half of his retirement by the time his retired if we are divorced.

  • Category: Divorce
  • Subcategory: Property Settlements
  • Date:
  • State: California

Answer:

In California, community property is generally divided equally between spouses after considering each spouse's separate property. Community property includes assets acquired during the marriage and held jointly. However, this can be challenged if there is clear documentation stating that the property is separate or if there is a written agreement designating it as separate property.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, if your ex-wife remarries, it does not affect her entitlement to half of your retirement benefits that were accrued during your marriage. However, the specifics can depend on state laws and the terms of the divorce settlement. It's advisable to review your divorce decree and consult with a legal professional for personalized guidance.