ONCALL
...Family Law
......Employment Benefits-Pension/Disability
4 Cards On This Topic:
  • W consented to court's jurisdiction under FUSFSPA by filing for divorce in CA, seeking confirmation of "all" premarital s/p, asking court to determine "any" c/p assets, and requesting the appointment of retirement account expert.
  • Order granting H's QDRO reversed as it did not comply with the time rule agreed to at separation in the stipulated judgment.
  • H's QDRO, mandating that upon W's death her share of his pension would revert to him, attempted to revive the terminable interest rule, thus violating FC §2610.
  • A lump sum H acquired when he became a partner in the firm, which occurred after the parties’ date of separation, was his s/p, not an enhanced community benefit derived from the retirement benefits accrued during marriage.