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#333064 - 01/06/08 10:44 PM legal separation and pension question
artms Offline
journeyman

Registered: 05/31/06
Posts: 55
My husband and I are interested in a legal separation, not divorce. Married 32 years. The pension would be divided 50/50. He will be retiring in three years. Would my portion be set aside in an account and if so would I still be able to recieve it if, God forbid, he should pass away before he retires? He has a defined benefit pension with CalPers.

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#333065 - 01/11/08 01:57 AM Re: legal separation and pension question [Re: artms]
googledad Offline
Carpal \'Tunnel

Registered: 12/31/05
Posts: 10213
The pension will be split by a QDRO , your benefit would be separate from his .

http://www.calpers.ca.gov/index.jsp?bc=/about/leg-reg-statutes/ca-public-employees-ret-law.xml
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#333066 - 01/28/08 01:03 AM Re: legal separation and pension question [Re: artms]
jaiye Offline
old hand

Registered: 10/28/05
Posts: 860
The way my x's pension is set up it is not a retirement account so it means my husband has to reach retirement age in order for me to collect. In other words if he dies in the next 7 years before he reaches full retirement age I don't get a dime. His re3tirement account on the other hand actually has money in it and that was divided and my half was set aside per the QDRO

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#333067 - 02/11/08 06:46 PM Re: legal separation and pension question [Re: jaiye]
krisjvw Offline
recently joined

Registered: 02/11/08
Posts: 1
my husband and i have been together 13 years he is 52 and retired two years ago,i need to know does he get more money each month because he has dependends living with him,if we get a divore will his income go down?he says if we get a divorce i will get nothing,

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#333068 - 02/28/08 03:48 PM Re: legal separation and pension question [Re: krisjvw]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
As a general rule, you would receive one half of the portion of the pension that was accrued during the marriage. So, if he had 25 years at the company and you were together 13 years, you would receive 13/25 x pension divided by two.

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