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    helpusal55's Avatar
    helpusal55 Posts: 3, Reputation: 1
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    #1

    Apr 1, 2014, 11:07 AM
    California not legally separated what right pension
    We are not legally separated. I have a pension that is paid monthly . Am I legally bound to hand over half ?
    helpusal55's Avatar
    helpusal55 Posts: 3, Reputation: 1
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    #2

    Apr 1, 2014, 11:11 AM
    We are not legally separated. Am I required to give her half of my pension?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Apr 1, 2014, 11:24 AM
    No, not if there is no divorce, separation, or other court order in place.
    helpusal55's Avatar
    helpusal55 Posts: 3, Reputation: 1
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    #4

    Apr 1, 2014, 12:44 PM
    Quote Originally Posted by helpusal55 View Post
    We are not legally separated. Am I required to give her half of my pension?
    Would this be a pay me now or pay me later situation? She is entitled if it goes to something legal. It is affordable and there are no children, just the house that I am living in.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Apr 1, 2014, 12:50 PM
    Quote Originally Posted by helpusal55 View Post
    Would this be a pay me now or pay me later situation? She is entitled if it goes to something legal [?]
    Possibly. If for example, she files for divorce and asks for a share of the pension, a QDRO would probably be ordered.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Apr 1, 2014, 01:30 PM
    Did the marriage exist the entire time you were accumilating your pension ? That is the question as to how much she may be awarded in a courtroom.

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