Pension fund

[Lilly]

I have been married 3 years in CA. On our first anniversary my husband presented me with papers to sign naming his daughters the beneficiaries of his pension. I refused to sign stating this was already in the pre-nuptial agreement. He is 80 years of age therfore has been forced to withdraw from his pension and social security even though he works fulltime. This check has been deposited into his families trust account and pays the mortgages and makes investments for the family all of which I cannot touch. Someone told me that the monies withdrawn after a year of marriage is community property regardless of the pre-nuptial agreement. I wasn't qualified to sign off on this until after a year of marriage. Is this true?

He has now filed for divorce but has been behaving like a divorce is meaningless and I should remain on routine marriage behavior taking trips with him and taking care of him. His family has pushed him to file, this I know. I was a widow for 20 years before we married, he was widowed 12 years. The family acts like I broke up their parents, she was dead long before I came into the picture. Yes, I am younger, but raised my children alone and have always worked hard to support us and now myself. Should I just give in to the divorce or can I fight him and the family for the part of the pension withdrawn over the last 2 years? If you think it's worth it then I will see a lawyer if not, I'll let it go.

 

[I AM ALWAYS LIABLE]

My response:

Yours is a somewhat difficult situation. However, I will try to make this as simple as I know how.

First, as you know, California is a Community Property State. As such, that status attaches to you and him at the very moment the Officiate who married you said, "I now pronounce you husband and wife". So, you don't have to be married in California for a certain amount of time before Community Property rights attach - - it's instantaneous.

Second, all monies - - stocks, bonds, pension funds, bank accounts, etc. - - that were his prior to the marriage remain his separate money and funds, unless he commingles those funds with marital accounts and monies. Or, he could have "gifted" such money to the marriage in a writing.

Therefore, unless there was a gift or a writing to the contrary, you are not entitled to the "principle" amounts in those accounts or pension funds. However, all interest and dividends earned from those monies and accounts or investments made during the marriage are divisible between you and him.

Yours is a "short duration marriage" at this point. If you were to file for divorce, rather than alimony or other support, a court would probably order, in the absence of an agreement between the two of you beforehand, a certain amount as a one-time buyout.

His children aren't looking at this situation for his and your happiness. They're looking at you as a "golddigger" and an intrusion upon, and dillusion of, their future inheritances. They couldn't care less about their father or his happiness - - it's the money they're thinking about.

It's time to move on with your life, and it's time to see an attorney.

Good luck to you.

IAAL