If you’re a longshoreman going through divorce—or already divorced—this question hits hard:
“Is my ex really going to keep getting my pension… even after I retire?”
Short answer: Yes—if they were awarded a share, it can last for the life of the benefit.
Why Your Pension Is on the Table in California Divorce
In California, pensions earned during marriage are considered community property.
That means:
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The portion earned during the marriage is divisible.
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It doesn’t matter whose name the pension is in.
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It doesn’t matter who earned it.
Does Your Ex Get Paid Forever?
Most longshoreman pensions are divided using a time rule formula. This means your ex may receive a percentage of each payment for as long as you receive pension benefits.
What Determines How Much They Get?
Courts consider:
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Length of the marriage during working years
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When benefits were earned
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Division formula in the judgment or QDRO
What About Benefits Earned After Divorce?
Anything earned after separation is generally separate property. However, certain increases (like COLAs) may still be shared proportionally.
Can You Stop or Reduce Their Share?
Usually no—once ordered, it is difficult to change. A QDRO controls how and when benefits are paid.
Real Talk
People get burned by:
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Not understanding duration of payments
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Vague agreements
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Skipping QDROs
How to Protect Yourself
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Understand the formula
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Explore buyouts
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Ensure proper QDRO drafting
Bottom Line
Yes—your ex can receive a portion of your longshoreman pension even after you retire, often for the duration of the benefit.
Need Help?
Finan Family Law helps longshoremen navigate complex pension division issues. Schedule a consultation for clarity.