Pensions and Retirement Plans at the Death of Participant Spouse

  Can you divide a retirement plan when the participant spouse dies before entry of an Order dividing the plan? In California, Pension and other retirement plan contributions made during marriage are considered community property. Any contributions made prior to marriage or after separation are the separate property of the contributing spouse. Determining the community […]

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Three in One: Questions From You

I am answering three separate legal questions on family law topics which clients have asked me this past month. As a family law specialist, this blog answers current client questions to educate readers with information on divorce that they may not know or understand.

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Reimbursements for Community Property Contributions to Education or Training

Family Code Section 2641 provides that the community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party.  Additionally, the amount reimbursed includes interest at the legal rate (currently 10 %) calculated from the end of the calendar year in which the contributions […]

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DIVIDING A RETIREMENT PLAN AFTER THE DEATH OF THE MEMBER SPOUSE

                Judgments for dissolution of marriage generally provide that the community interest in each spouse’s retirement plan earned during marriage is to be divided by a Qualified Domestic Relations Order (QDRO), unless the parties waive such interest, or the non-member spouse’s share is offset against another property interest.  […]

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Characterizing and Dividing Real Property in Divorce

This is the second in a series of blogs in which I will address both common and unique issues parties can face when dividing the marital residence. The focus of this blog in on property acquired by one spouse prior to marriage CP= community funds                            SP = separate property funds Example One- Property acquired prior […]

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