Q: In the state of California: what are my rights after 1 year married with a joint account? Am I entitled to his pension

A: The other attorney mentioned about this. Although in short term marriages the maximum spousal support time is 1/2 of the marriage. That only leaves six months. Most courts would decide not to award spousal support for such a short term marriage, that is up to the discretion of the court. There also is only 1/2 of the pension earned during marriage. In a one year marriage there probably is not much to get. The paperwork needed to try and claim it would cost more than what the pension would be worth. Certainly one is entitled to 1/2 of the amount in a joint account that was in at the time of the separation. If there was separate property in that account at the time of marriage then that would be subtracted out. I do not know all of the facts here but a court might say there is just not that much to fight over in a short term marriage of one year. Good luck with your case.

A: In California, after one year of marriage, you have community property rights to assets acquired during the marriage, including contributions to retirement accounts and pensions made while married. Your rights extend to half of any joint account funds, regardless of who deposited the money.

For pension benefits specifically, you may be entitled to up to 50% of the portion earned during your marriage. However, the short duration of your marriage (one year) will significantly limit the amount you could potentially receive in both pension benefits and alimony.

Regarding alimony, California courts consider multiple factors including the length of marriage, your financial needs, your earning capacity, and your spouse's ability to pay. With just one year of marriage, any potential alimony would likely be very limited in both amount and duration - typically half the length of the marriage for short-term marriages. You should consult with an attorney who can review your specific situation and advise you on the best path forward, as these matters can become complex depending on your unique circumstances.