Can you receive your husband’s pension?

In case you are not aware, a pension that your husband will receive is part of marital property in a California divorce.

The distribution is usually up to the court.  The court may divide the amount, giving each party a percentage, which is distributed at retirement or it may award the entire amount to your husband and order him to buy-out your share.  The latter avoids ongoing court involvement until retirement time.

The Qualified Domestic Relations Order is a law passed by Congress which requires the administrator of the pension plan to send you, the ex-spouse, monthly checks.

If you believe you are entitled to a part of your ex-husband’s pension, contact an experienced Orange County Family Law attorney to help you get what is rightfully yours.