The California FL-348 form is a crucial document used in divorce or separation proceedings to address the division of pension and retirement benefits between two parties. This form ensures that both individuals receive a fair share of any benefits accrued during their marriage or domestic partnership. To begin the process of protecting your retirement interests, fill out the form by clicking the button below.
The California FL-348 form plays a crucial role in the division of pension benefits during divorce or separation proceedings. This form is specifically designed to outline how retirement and survivor benefits should be divided between the parties involved. It requires both the petitioner and respondent to provide essential information, such as their names, addresses, and the dates of marriage and separation. The form also instructs employers or plan administrators to recognize the provisional awards of retirement benefits, ensuring that each party receives an equal share of the benefits accrued during the marriage or domestic partnership. Additionally, the FL-348 emphasizes the importance of notifying plan administrators about any changes in mailing addresses and mandates that both parties take necessary actions to protect their interests in retirement plans. This structured approach helps facilitate a fair division of benefits, providing clarity and guidance for both parties as they navigate the complexities of financial separation.
FL-348
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
CASE NUMBER:
PENSION BENEFITS—ATTACHMENT TO JUDGMENT
(Attach to form FL-180)
This order concerns the division of retirement and survivor benefits between the following two parties:
Name of petitioner:
Name of respondent:
Address of petitioner:
Address of respondent:
Date of marriage or registration of domestic partnership:
Date of separation:
TO THE EMPLOYER/PLAN ADMINISTRATOR OF EACH PLAN IDENTIFIED BELOW:
Each party identified above is provisionally awarded without prejudice, and subject to adjustment by a later domestic relations order, a separate interest equal to one-half of all benefits accrued or to be accrued under any retirement plan in which one party has accrued a benefit, including but not limited to the plans listed below, as a result of employment of the other party during the marriage or domestic partnership and before the date of separation. In addition, pending further notice, the plan must, as allowed by law, or as allowed by the terms of the plan in the case of a governmental plan, continue to treat the parties as married persons or domestic partners for purposes of any survivor rights and benefits available under the plan to the extent necessary to provide for payment to the surviving spouse or domestic partner of an amount equal to that separate interest or of all of the survivor benefits if at the time of death of the participant there is no other eligible recipient of the survivor benefit.
TO THE PARTIES:
Each party must provide the information and take the required actions listed below to protect the other party's interest in retirement benefits:
1.List below (or on a page attached) the name and address of each employer for which you or the other party work or worked where either of you participated in a retirement plan during the marriage and before your separation. Include the name (or a description if you do not have the name) of each of these plans.
See Attached
2.For each plan you listed under item 1, promptly deliver a copy of this order to the plan's administrator. You can deliver a copy of this order in person or by mail. Provide a proof of service to the court and the other party.
If you do not know the plan's administrator, deliver a copy to
•the employer or plan sponsor, or, if unknown,
•the trustee or custodian of any assets of the plan.
3.Each party who is a participant in a plan listed under item 1 must join that plan as a party to this case when joinder is required by law. (See Retirement Plan Joinder—Information Sheet [form FL-318-INFO].)
4.If you are not the party who participated in a plan listed in item 1 and are concerned that you have not received proof that notice of your interest has been delivered to that plan, you are encouraged to deliver a copy of this order to the appropriate plan administrator as described in item 2. You also have a right to join any plan that requires joinder in the event that no joinder documents have been filed with the court or served on the plan's administrator.
5.Each party must promptly let each plan representative know of any change in that party's mailing address until all benefits due that party under the plan have been paid.
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Form Approved for Optional Use
www.courtinfo.ca.gov
Judicial Council of California
Family Code, §§ 2337, 2610
FL-348 [New January 1, 2009]
Filling out the California FL-348 form requires careful attention to detail, as it plays a crucial role in addressing pension benefits during a divorce or separation. Once completed, this form must be attached to form FL-180 and submitted to the court. Follow these steps to ensure that all necessary information is accurately provided.
What is the purpose of the California FL-348 form?
The California FL-348 form is used to address the division of retirement and survivor benefits in a divorce or domestic partnership dissolution. It serves as an attachment to the judgment form FL-180, detailing how retirement benefits should be divided between the parties involved.
Who needs to fill out the FL-348 form?
The FL-348 form must be filled out by both parties in a divorce or domestic partnership case where retirement benefits are involved. Each party needs to provide their information, including names, addresses, and details about their retirement plans.
What information is required on the FL-348 form?
The form requires the names and addresses of both parties, the date of marriage or domestic partnership registration, and the date of separation. Additionally, it asks for details about any employers and retirement plans that either party participated in during the marriage or domestic partnership.
What actions must parties take after completing the FL-348 form?
After completing the FL-348 form, each party must deliver a copy of the order to the plan administrator of each retirement plan listed. This can be done in person or by mail. A proof of service must also be provided to the court and the other party.
What should I do if I am concerned about my interest in a retirement plan?
If you are not the party who participated in a retirement plan and are worried about not receiving proof that notice of your interest has been delivered, you should deliver a copy of the FL-348 order to the appropriate plan administrator. You also have the right to join any plan that requires joinder if no joinder documents have been filed.
How should parties communicate changes in their mailing addresses?
Each party must promptly inform the representatives of any retirement plans about any changes to their mailing addresses. This communication should continue until all benefits due to that party under the plan have been paid.
What happens if one party does not comply with the requirements of the FL-348 form?
If one party does not comply with the requirements outlined in the FL-348 form, it may affect the division of retirement benefits. Non-compliance could lead to delays or complications in the distribution of benefits, and the other party may need to seek legal assistance to enforce their rights.
Filling out the California FL-348 form can be a daunting task, and it’s common for individuals to make mistakes that could impact their rights to pension benefits. One frequent error is neglecting to provide complete and accurate information about both parties involved. It is essential to include the full names and addresses of both the petitioner and the respondent. Missing or incorrect details can lead to delays and complications in processing the form.
Another common mistake is failing to list all relevant employers and retirement plans. Individuals often overlook employers where they or their spouse participated in a retirement plan during the marriage. It is crucial to compile a comprehensive list, as omitting any employer could jeopardize the equitable division of benefits. This information should be clearly documented in the section provided or on an attached page.
Many people also forget to deliver a copy of the order to the plan administrator or the appropriate representative. This step is vital for ensuring that both parties' interests are recognized by the retirement plan. A proof of service must be provided to the court and the other party, which is often overlooked. Neglecting this can result in a lack of acknowledgment from the plan, potentially affecting future benefits.
Additionally, some individuals do not understand the importance of joining the retirement plan as a party to the case. If required by law, failing to do so can lead to complications in the enforcement of the court's orders. It is advisable to consult the Retirement Plan Joinder—Information Sheet (form FL-318-INFO) to understand the necessary steps.
Another mistake involves not notifying plan representatives of any changes in mailing addresses. It is imperative that both parties keep the plan informed of their current contact information until all benefits have been paid. This oversight can hinder communication and lead to missed notifications regarding benefits.
Lastly, individuals may not realize their right to join any retirement plan that requires it, particularly if they have not received proof of notice regarding their interest. If a party is concerned about not being properly informed, they should take the initiative to deliver a copy of the order to the plan administrator. This proactive approach can help safeguard their rights and interests.
By being mindful of these common pitfalls, individuals can better navigate the complexities of the FL-348 form and protect their interests in pension benefits. Taking the time to ensure accuracy and completeness can make a significant difference in the outcome of a case.
The California FL-348 form is used in family law cases to address the division of pension benefits during divorce or separation. When filing this form, there are several other documents that may be required to ensure proper processing of the case. Below is a list of commonly associated forms and documents.
These forms and documents play a significant role in the divorce process, particularly when addressing the division of pension benefits. Ensuring all necessary paperwork is completed accurately can help facilitate a smoother resolution for both parties involved.
The California FL-348 form, which addresses the division of pension benefits during a divorce or separation, shares similarities with several other legal documents. Each of these documents serves a specific purpose in the context of family law and financial arrangements. Below are four documents that are comparable to the FL-348 form:
When filling out the California FL-348 form, there are essential dos and don'ts to keep in mind. Following these guidelines can help ensure that the process goes smoothly and that all parties' interests are protected.
By adhering to these guidelines, you can help ensure that the division of retirement benefits is handled correctly and efficiently.
Understanding the California FL-348 form can be challenging, and several misconceptions often arise. Here are four common misunderstandings about this important document:
Many people believe that simply filing the FL-348 form guarantees an automatic division of retirement benefits. In reality, while the form initiates the process, a separate domestic relations order is required to finalize the division of benefits.
Some assume that only the petitioner or plaintiff is responsible for submitting the FL-348 form. However, both parties have obligations to ensure that all necessary information is provided and that the form is properly filed with the appropriate retirement plan administrators.
Another common belief is that the FL-348 form applies exclusively to divorce proceedings. In fact, it is also applicable in cases of legal separation or domestic partnership dissolution, making it relevant for a broader range of situations.
Lastly, many think that filing the FL-348 form allows immediate access to retirement benefits. However, access to these benefits is contingent upon the completion of all required steps, including the issuance of a final domestic relations order.
Filling out and using the California FL-348 form involves several important steps and considerations. Here are key takeaways to keep in mind:
Understanding these points can help streamline the process and protect your rights regarding pension benefits during legal proceedings.