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  1. #1

    Default Division of Retirement Assets and Spousal Support

    My question involves a marriage in the state of:California

    My ex-spouse has a large retirement account that he does not want to divide with me, and he doesn't like paying me spousal support.

    So, he tried to convince me that he does not owe me child/spousal support starting next year, because it will be seven years since our divorce - half the time we have been married. However, we have been married for over 20 years, and that rule does not apply. He needs to pay it until I die or remarry.

    But his plan is to stop spousal support payments at that date, and start paying me the amount of retirement he owes me, in the same monthly increments as spousal support.

    I nixed all that, and so now he's run to an attorney and paid to get our divorce bifurcated, claiming that he wants to marry his girlfriend. He can marry her, but will I lose my rights to his retirement? How do I get it and ensure that he continues to pay child/spousal support he agreed upon seven years ago when we first legally separated?

  2. #2
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    Default Re: Division of Retirement Assets and Spousal Support

    You have been divorced for seven years - "it will be seven years since our divorce". To determine if you are owed spousal support, read your judgment of divorce to see what it says about spousal support and when it ends. To determine if you are owed child support, review the child custody and support provisions to see if they still apply. You know how old the children are. Your right to his retirement savings or pension benefits will also be defined by the judgment.

    What is there to bifurcate, if in fact you've been divorced for seven years?

  3. #3

    Default Re: Division of Retirement Assets and Spousal Support

    I'm sorry I wasn't clear. We have been legally separated since 2008. We saw a court mediator to determine custody and spousal/child support. He doesn't want to continue paying me spousal support until I remarry or die and he doesn't want me to touch his retirement account, though the state of CA says that half of it is mine.

    That's why he tried to convince me that he will no longer owe me spousal support next year, but he'd do me a favor and continue paying me the same monthly amount, but it will coming out of the retirement he owes me.

    Effectively, he wants to keep his retirement and end spousal support early. As stated, he owes me, like or not. I told him this.

    Then, because our divorce is not final, and he claims to want to marry his girlfriend, he went to a lawyer to request a bifurcation that would dissolve our marriage and resolve the retirement and spousal support issues at another time.

    Since we already saw a mediator to resolve these issues, I don't what there is to resolve and if this bifurcation somehow changes what was already decided, or takes away my rights to his retirement in some way. It's confusing.

  4. #4
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    Default Re: Division of Retirement Assets and Spousal Support

    If you and your ex- cannot agree on settlement terms, you may take your case to trial and argue for the relief you want.

    Bifurcation would allow a basic divorce judgment to go through while reserving the other issues for a later settlement or trial. You will have your lawyer review any proposed orders for bifurcation to make sure that nothing prejudices your later rights and claims.

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