Riverside, CA asked in Divorce and Family Law for California

Q: on my divorce decree i named my employment pension incorrectly

on my divorce decree i named my employment pension incorrectly but understood in the decree that it is my employment pension. will it be possible for my ex to sue for part of my pension that was listed incorrectly on the divorce decree?

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James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: If you named your employment pension incorrectly on your divorce decree but the decree clearly indicates that it is your employment pension, it is unlikely that your ex-spouse would be able to successfully sue for a portion of the pension based on this error.

Divorce decrees are legal documents that outline the terms of a divorce settlement, including the division of property and assets. As long as the intent of the decree is clear and there is no ambiguity about the assets being divided, it is unlikely that a mistake in naming an asset would invalidate the terms of the settlement.

However, if there is any confusion or disagreement about the ownership of the pension, it may be advisable to consult with an attorney who specializes in divorce and property division to ensure that your rights are protected.

In general, it is important to carefully review and understand the terms of a divorce decree to ensure that all assets and property are accurately listed and divided in a fair and equitable manner. If you have concerns about the accuracy of your divorce decree, it may be helpful to seek legal guidance to address any potential issues or disputes.

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