Weed, CA Divorce Law Firms & Lawyers

Unless there is a court order (ie a term in his Decree of Dissolution) that says he cannot change the beneficiary on that particular IRA, he should be able to dispose of it as he wishes.

Yes, if his retirement is a pension, you get your share on an "if, as and when" basis - if he retires, as he reaches retirement age, and when he retires. If it is a 401k or IRA you can possibly roll your share over into another account.

As a general rule, United States courts will apply the law of their home jurisdiction in divorce matters unless there is a very compelling reason to use foreign law. I am aware of only two situations in which United States courts have applied foreign law to divorce matters: (1) where a divorce is obtained in the courts of a foreign country while property or children are present in the United States, and a United States court must decide whether to honor the foreign divorce decree with respect to the property or children, or (2) the spouses signed a prenuptial agreement and/or marriage contract that calls for foreign law to govern the divorce. Even if you can convince a United States judge that your divorce falls into one of those two situations and should be adjudicated according to foreign law, the judge will still retain authority to approve or reject the final distribution of property and award of child support. If the application of foreign law results in an outcome that does not comport with American principles of fairness and justice, the judge almost certainly will find a way to ensure that domestic United States law is applied.