Am I entitled to any of my 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:

The courts in California will divide the community property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is presumed to be all property acquired by the parties during the marriage and held in joint form. This presumption may be rebutted by a clear statement in the title by which property is acquired that the property is separate and not community property or by proof that the parties have a written agreement that the property is 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.