Raleigh, NC asked in Civil Litigation and Divorce for California

Q: Does a waiver of right to collect benefits under each parties retirement plan mean contribution made during the marriage

Specifically in California what does the following clause, as written, mean as far splitting retirement accounts in equitable distribution?

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Culver City, CA
  • Licensed in California

A: It means in the event of a divorce, each party retains their respective retirement benefits as their sole and separate property without any sharing with the other party. This clause is contingent upon the parties executing a waiver with the retirement plan/plan administrator of the retirement plan.

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