California Supreme Court Divorce Decision on Pensions

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 divorce.

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!