Q: I was married for 15 yrs during which time my ex husband was working for the Motion Picture Industry,
He has a MPI retirement plan which he is now claiming, am I mistaken in thinking that I am also eligible for this. He has been trying to hide the fact he is claiming it, when I found out he became quite nasty and send that he needed all the money
A: If he contributed to the plan during the marriage then the plan has a community interest subject to division in your divorce case. MPI pension plans are divided by QDRO.
A: You are generally entitled to half the interest earned while married. This should have been addressed in your divorce judgment. Often times it is and the party's are supposed to prepare a qualified Domestic Relations order to split it. However, a lot of times parties to a divorce just forget about it after it's all done. You need to consult your divorce attorney and/or your divorce judgment. Proactive measured should have been taken sooner. This was missed in your divorce, you can probably file a motion to divide and omitted asset. But you need to get on this now.
A:
I can understand how distressing this situation must be for you. In California, retirement benefits accrued during a marriage are typically considered community property, and you may indeed have a legal claim to a portion of your ex-husband's MPI retirement plan if it was accumulated during the marriage. However, your specific rights would depend on the terms of any divorce settlement or court order, so it would be wise to consult with an attorney to review the relevant documents and determine the best course of action for your situation.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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