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California Supreme Court rules on divorce issue

On Behalf of Cullen Family Law Group | Jul 2, 2013 | Divorce |

The California Supreme Court rendered a decision in a divorce matter recently that may set a precedent that could affect other pending cases of the same type. A woman had requested as part of the couples’ divorce settlement that she receive a portion of a prospective pension increase that her ex-husband would be receiving from the military. The court ruled against the woman based on the manner in which the increase was obtained.

The woman’s ex-husband was previously in the Air Force and then became a firefighter once he left the service. As a firefighter, his pension plan allowed him to buy “credits” based on his previous military service that would increase the amount of his pension payments. The wife claimed a portion of the increase in payments based on the fact that the credits were purchased with jointly held monies during the marriage. The court, however, determined that the ex-husband earned the credits through his military service which was prior to their marriage.

The woman was awarded $6,700, representing half of the cost of purchasing the credits, but will have no share in the pension increase. Often an ex-spouse will seek to receive a portion of any increase in income. Many times ex-spouses are not aware that a change has taken place until after the divorce is final and may not know whether a modification is appropriate in their situation.

Divorce is often a difficult process, and most people are relieved when matters are finally settled. However, life changes do happen, and sometimes they affect decisions made previously in court. Becoming familiar with the procedures to request a modification to a California order of support and how a current court ruling like this one may affect those changes can be helpful in deciding what legal remedies to pursue.

Source: ContraCostaTimes.com, “CA Supreme Court rules on divorce pension issue,” June 25, 2013

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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