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#581807 - 11/26/09 01:42 AM Pension and ex's entitlement cconfusion
artms Offline
journeyman

Registered: 05/31/06
Posts: 55
My friend was married in California from 1976-1983. The divorce papers stated "courts retain jurisdiction over his retirement.(Calpers)" He is set to retire 12/31/09 and CalPers just sent paperwork wanting court ordered settlement provisions. They have had no contact since 1983, no QDRO had been filed, and no request had been made for her half of the pension. It seems a little confusing. Does anyone have a little insight? They sent a letter stating they recieved the Marital Settlement Agreement but that it didn't stipulate if she is entitled to any community property interest in his retirement. They need a filed Order that determines the specific nature of and extent of her community property interest. The rest of the packet has to do with methods of division. Does anyone have any comment on this or any explaination of what this all means? Could it simply be a case of going to the county records and having them fill out forms or is this more involved than that?

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#581808 - 11/29/09 12:14 AM Re: Pension and ex's entitlement cconfusion [Re: artms]
jaiye Offline
old hand

Registered: 10/28/05
Posts: 860
It will require a court order and a QDRO to officailly divide it where you won't owe taxes on the dispersement.

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