Back in July, the California Supreme Court made a key decision about divorce
and pensions that directly affects military divorcees. The decision declared
that military members who served in the military prior to marriage don't
have to share certain funds that are earned during the marriage if there is a
The reports show that the court ruled on this decision when weighing the
case of a man who served in the military before marriage but then used
his funds with his spouse to purchase military-service credits. These
credits were supposed to be used to increase his pension payments in the
future. After his divorce, the man was worried that his investment would
go to waste if he had to divide those pension payments with his ex-wife.
The ex-wife argued that the couple had used joint funds to purchase the
credits and that she deserved half of the credits as a result. An appellate
court agreed with her, but when the case went to the Supreme Court, her
argument was denied. The woman is permitted to take back her $6,000 which
she used to invest into the pension credits on her shared funds. Yet she
does not get to benefit from the pensions because her husband was in the
military before their marriage began.
While this case was restricted to one couple, the implications could affect
thousands of military marriages all throughout California. The decision
may have an impact on every divorce that involves an employee whose pension
is controlled by the California Public Employees' Retirement System
or the State Teacher's Retirement System.
Does your case involve a pension debate? You will want a Los Angeles divorce
attorney from our firm on your side to help you.
Contact the firm promptly today for more information!