CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Division
.........Award to One Spouse/Cash-Out
............Actuarial Assumptions
5 Cards On This Topic:
  • Poor health of employee merely a factor for the court to consider in determining whether to order cash-out of pension.
  • Cash-out value based upon greater life expectancy of women held constitutional.
  • Court should consider parties' probable life expectancies, health and likelihood of premature death in determining plan's present value.
  • Pension may be divided by determining actuarial value and then awarding pension to employee spouse, with offsetting assets to other spouse.
  • Value of retirement benefits usually exceeds the amount of member contributions.