One of the most important parts of many property settlements is the pension order. If a pension was earned during the marriage and needs to be divided in the Judgment, be careful how the Judgment is written and whenever possible use an attorney. I recently saw a self-represented client who after 6 years of marriage gave his wife one-half of his union pension in their stipulated Judgment. Two years later he learned that he had given her one-half of 25 years worth of pension benefits, not one-half of the 6 years they were married. Despite the unfairness of this result to husband, the Court would not set aside the Judgment and husband lost a good portion of his retirement. This result could have been avoided had husband consulted an attorney and added the words “one-half of the community interest,” or even better “one-half of the interest earned after date of marriage and before date of separation (and placed those dates in the Judgment).”
Need help with adoption, annulment, collaborative divorce, community property, child custody, child support, divorce, domestic violence, legal separation, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements? Family Law questions go beyond the limits defined in this blog. For more information, call or e-mail the Law Offices of Richard E. Bawden, State Certified Family Law Specialist. The Law Office of Richard E.Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa,Beaumont, Banning and Hemet.