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Question on pension in California with divorced, then remarried spouse.

Thousand Oaks, CA |

If ex spouse puts in a claim in court on pension of other spouse and then gets remarried, is this person still entitled to previous spouse pension? If the answer is yes, then this previous spouse can get pensions for everyone they marry and divorce, can be two, three, four and more. Can you provide this law on pensions in California.

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Attorney answers 3

Posted

yes they can have a share of each pension for as many people as they marry, but the fraction is
number of year married/2 number of years required for pension to vest.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

Posted

A spouse has a community property interest to an pension plan that increases during that marriage. This space is way to short to get into a legal dissertation on the laws of community property and the division of pension plans. Division of assets, though that are community property can be offset by other assets and/or debt divisions. Please seek legal assistance on this.

Posted

Yes, remarriage does not affect a person's community property interest in retirement benefits. And, yes, a person could remarry 4 times and be entitled to a community property interest in 4 different pensions. However, the community property interest will always be based on the benefits earned during the marriage only (i.e. from the parties' date of marriage through the date of separation). For pensions, this is typically calculated using the Time Rule Formula - I have attached a link below explaining the formula. The governing law is California Family Code Section 2610 (link below).

Answers have been prepared for informational purposes only and should not be construed as legal advice. An answer posted on this website is not intended to create, and receipt of it does not constitute, an attorney-client relationship, and readers should not act upon it without seeking professional legal counsel.