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  1. #1
    Join Date
    Jan 2011
    Location
    California
    Posts
    8

    Default Pension Distribution

    In the State of California

    My spouse has a 401a and 401b with the union. We are separated and there is in effect a Protective Restraining Order.
    I have reason to believe that he is going to try to take the pension through disability retirement or other means. He recently cancelled the medical insurance I found out today and I need to go to court by tomorrow or Friday at the very latest to stop him and I do not know what form to fill out to ask the court to freeze the pension. I am under the impression that I need to Join it or something like that. I also know that I am not capable of a Qdro or whatever it is called. I am on SSDI and do not have an attorney and he refuses spousal support and also attorney's fees. I believe that his attorney has lied in court and also tried to coerce me into signing off on his pension plan and dropping the restraining order.
    Since the beginning of separation 6 months ago, the benefits office as been notified of the pending divorce, and I felt secure that it was untouchable, but now I believe that he is going to take it and run. I don't know what to do. Thank you very much for your help in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pension Distribution

    The thing is, there aren't easy-to-fill out forms for every need and occasion. Often you (or, better, your lawyer) will have to draft pleadings specific to a case or need.

    Talk to a local lawyer about possibly taking the case and getting either an advance on the settlement or getting paid out of an eventual settlement of the marital estate, or see if you qualify for legal aid.

  3. #3
    Join Date
    Jan 2011
    Location
    California
    Posts
    8

    Default Re: Pension Distribution

    Thank you for answering and apologize for just getting back to you , I am just so chronically ill most of the time. I know that his cancellation of the medical insurance was an intentional act of defiance and harassment and I want to try to file a osc for contempt of court along with one of support and having the medical insurance reinstated. Does cancelling the medical insurance with his employer or changing it to a different plan in this circumstance be enforceable by contempt, of violating the general restraining orders at the very least?
    I have tried to get some legal help from just about everywhere, but it has been very minimal if not at all. Thank you again for helping me with these questions and concerns.
    I mean I don't want to sound alarming, but this is his way now to continue to control, and basically try to kill me.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pension Distribution

    If he intentionally violated the order by dropping his insurance, that's a violation of the order. If he had to change his coverage because the employer changed the company's insurance plan, particularly if he chose the closest comparable plan or only plan available, that would appear consistent with the court's order.

  5. #5
    Join Date
    Jan 2011
    Location
    California
    Posts
    8

    Default Re: Pension Distribution

    Thank you very much for your help, I really appreciate it!

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