Post by magnumforce73 on Apr 10, 2019 11:38:09 GMT
CA is a community property state, which means all assets acquired during the marriage by either party are subject to 50/50 split upon divorce. The pension would be one of those assets, and apparently one of the few that is not protected by the trusts JJD and SH set up for the real estate. CA does not care one whit if this was a marriage of convenience or not. They have three children, so obviously it was a 'real' marriage in that sense, and since previous divorce proceedings were dropped (which happens a LOT) that most likely won't have any bearing, either. CA is pretty boilerplate when it comes to divorce: "You own/acquired this? Split it." In CA, any marriage lasting 10 years or more is considered a 'long-term' union and there is a set formula for the proceedings. You can commit wild, flagrant, documented adultery in CA, and it will not affect the divorce or distribution of assets one bit. In CA, there is no 'injured party' or any other conditions to consider. The pension company is involved because JJD is never getting out of prison, so they probably have a rider on the pension payout which allows them to deny payment of HIS portion of the pension benefits. Sharon, however, would actually still be eligible to receiver HER half of his pension. Simple legal wrangling, really.
I appreciate your insight and the clarifications that pertain to CA law.
"You can commit wild, flagrant, documented adultery in CA, and it will not affect the divorce or distribution of assets one bit." -- This isn't aimed at you, but a general observation on how the law is written: that's whacked beyond belief.
In my view, I don't see the company as the villain in this. Reason being: he was an unidentified murderer (a criminal at large and evading the law), and even if he performed his job duties competently down to every line item in his job description, it still isn't "gainfully" earned income. Sharon, unfortunately, is the collateral damage as a result of her husband's criminal behavior.
mf73