Time Rule
Orange County Beach Cities Divorce Lawyer
What is the Time Rule?
The time rule is a formula used by the court to divide deferred compensation (earnings earned during marriage yet paid after the marriage has ended) such as pensions upon divorce. The formula considers the amount of time in years the earning spouse worked and obtained the pension benefits in comparison to the amount of years the earning spouse was married while earning such benefits.
For instance, if Husband worked for a company for 10 years and is eligible to receive his pension benefits, and was married to Wife for 5 of those 10 years Husband, Wife is entitled to 1/2 of the benefits from those 5 years. The pension benefits Husband obtained while married to Wife are community property and upon divorce, Wife has a 1/2 interest in all community property.
For more information on the division of community property, click here, or call one of our skilled attorneys at (949) 955-9155.
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David Wilkinson and Scott Finkbeiner are Certified Family Specialists through the Board of Legal Specialization of the State Bar of California. A Certified Family Law Specialist must pass an extensive written examination in the subject area, be approved by a peer review process and show proficiency in this area by demonstrating experience handling a sufficient number of family law cases with varying degrees of complexity.