Retirement from divorce - now split?

Question

To split CA estate equally, one party kept the house and loan, while the other party was awarded an equal amount in retirement fund that gives a monthly income. 

Now the spousal support needs to be recalculated, and one party says the retirement is income and should be listed, the other party says it should be excluded as income as it was awarded in the divorce.

What do you think? I have not listed which party chose what to minimize bias, it might not be who you think. Both parties have some other fairly equivalent income.  

What do you think??

Philip A · Accepted Answer

This question amazes me SURLY when you where divorced and the estate was awarded to whichever side Surly that is the end of it . Whatever happens afterwards is nothing to do with the other party . Why are you still bickering after the settlement if you didn't contest the settlement and accepted it then Surly that is the end of it and you both go you re separate ways .

Jim · Answer

You are right, the retirement MUST be excluded.  If not, then the house must be also be placed back into the mix.

I have this scenario and I had the awarded retirement excluded from the calculations. Otherwise one party gets 3/4 and the other 1/4.

Retirement from divorce - now split?

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