I understand that the spouse is beneficiary to my father's pension automatically but according to the settlement agreement and release we signed it states that in the event that additional community property not know known or discovered and not addressed by this agreement becomes known to either party they shall inform the other party of the existence and such shall be devided between the parties with applicable law. So it gets released to her but by her signing this is isn't she now obligated to me to give me half of it? She thinks by getting a restraining order on me that I won't be able to know or find out if she got this money or she won't have to give me half. Can she do that?is that a breath of contract to? Should I wait for her to get this money or should I proceed now to get a judgement?
If your ex spouse is the beneficiary of a pension or any life insurance or anything else left to her by her parents, that is not community property. That is separate property and you do not have any claim to it whatsoever.
Accordingly, if your spouse receives a pension benefits from her deceased father you have no claim to it—nor is it addressed by that language in your marital settlement agreement.
Your father's spouse gets your father's pension, assuming that your father's pension was addressed in the Filed Judgment and was divided accordingly in the Filed Judgment.
The money that you will inherit as a beneficiary of your father's benefits it your separate property. I don't know why either of you thinks that your ex-wife has any right to it.
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