Q: Am I elegible to receive benefits from my ex-husband which we were married for 15 years. We have four children grown up
A: California is a community property state. All property acquired during marriage is considered part of the community estate and must be equitably divided at divorce. This applies to retirement assets acquired during marriage. The amount you are eligible to receive depends on numerous factors such as the amount, the number of years earned during marriage, the number of years earned in totality, and the source. If possible, I recommend that you seek the advice of an attorney to assure that your rights are protected and that there is an equitable division of your assets.
A: The general presumption is that property acquired during marriage is community property. Therefore, all assets earned during your marriage may be 50% yours, unless there was a valid prenuptial agreement to the contrary. You should have asked this question before the divorce decree. Consult a divorce attorney with detailed facts and the list of property you may believe still possess an interest in.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
