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Blank California Fl 348 PDF Form

The California FL 348 form is used to address the division of pension benefits during a divorce or separation. This form is essential for ensuring that both parties receive their fair share of retirement and survivor benefits accrued during the marriage. If you need to fill out this form, click the button below to get started.

Article Guide

The California FL-348 form serves as an essential document in the process of dividing pension benefits during divorce or separation. It is specifically designed to outline the division of retirement and survivor benefits between two parties, ensuring that both individuals receive a fair share of the benefits accrued during their marriage or domestic partnership. This form requires the names and addresses of both the petitioner and the respondent, as well as critical dates such as the date of marriage and the date of separation. The FL-348 instructs employers or plan administrators to provisionally award each party a separate interest equal to one-half of the benefits accrued under retirement plans. This division is subject to future adjustments through a domestic relations order. Additionally, the form emphasizes the importance of communication between both parties and the plan administrators, detailing the necessary steps to protect each party's interest in these retirement benefits. It also highlights the obligation to notify plan representatives of any changes in mailing addresses until all benefits have been paid. By following the guidelines set forth in this form, both parties can work towards a fair resolution regarding their retirement assets.

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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	PENSION BENEFITS—ATTACHMENT TO JUDGMENT	www.courtinfo.ca.gov
Judicial Council of California	PENSION BENEFITS—ATTACHMENT TO JUDGMENT	Family Code, §§ 2337, 2610
Judicial Council of California		Family Code, §§ 2337, 2610
FL-348 [New January 1, 2009]

➤ PDF File

Form Specifications

Fact Name	Description
Purpose	The FL-348 form is used to divide pension benefits between parties in a divorce or separation.
Governing Law	This form is governed by California Family Code, Sections 2337 and 2610.
Attachment Requirement	The FL-348 must be attached to form FL-180, which is the judgment form for family law cases.
Provisional Award	Each party is provisionally awarded a separate interest in retirement benefits, equal to one-half of the accrued benefits.
Employer Notification	Parties must notify the employer or plan administrator of the retirement plans involved to protect their interests.
Joinder Requirement	If required by law, each party must join the retirement plan as a party to the case.

California Fl 348: Usage Guidelines

Completing the California FL-348 form is an important step in ensuring the proper division of pension benefits during a divorce or separation. Follow these steps carefully to provide the necessary information and protect your interests.

Fill in the Petitioner/Plaintiff Information: Enter the name and address of the petitioner or plaintiff at the top of the form.
Fill in the Respondent/Defendant Information: Enter the name and address of the respondent or defendant.
Case Number: Write the case number assigned to your case.
Provide Marriage or Partnership Dates: Indicate the date of marriage or registration of domestic partnership and the date of separation.
List Employers: Below the section regarding the parties, list the name and address of each employer where you or the other party participated in a retirement plan during the marriage before separation. Include the name or description of each retirement plan.
Deliver Order to Plan Administrators: For each plan listed, promptly deliver a copy of this order to the plan's administrator. You may do this in person or by mail.
Provide Proof of Service: Make sure to provide proof of service to the court and the other party after delivering the order.
Join Plans as Required: If you are a participant in any plan listed, ensure that you join that plan as a party to the case when required by law.
Monitor Your Interests: If you are not the participant in a listed plan and have not received proof of notice delivery, consider delivering a copy of this order to the appropriate plan administrator.
Update Mailing Addresses: Notify each plan representative of any changes to your mailing address until all benefits due have been paid.

Your Questions, Answered

What is the California FL-348 form?

The California FL-348 form, also known as the Pension Benefits—Attachment to Judgment, is a legal document used in family law cases. It is typically attached to form FL-180 and addresses the division of retirement and survivor benefits between parties in a marriage or domestic partnership. This form ensures that each party is informed about their rights to pension benefits accrued during the relationship.

Who needs to fill out the FL-348 form?

Both parties involved in a divorce or separation need to fill out the FL-348 form if there are retirement benefits that need to be divided. This includes the petitioner (the person who initiates the divorce) and the respondent (the other party). Each party must provide necessary information about their retirement plans and any benefits accrued during the marriage or partnership.

What information is required on the FL-348 form?

The form requires the names and addresses of both parties, the date of marriage or registration of the domestic partnership, and the date of separation. Additionally, parties must list the names and addresses of employers where retirement plans were accrued, along with details about each retirement plan.

What happens after the FL-348 form is submitted?

Once the FL-348 form is completed and submitted, each party must promptly deliver a copy of the order to the plan administrator of each retirement plan listed. This ensures that the retirement plans are aware of the court's order and can begin processing the division of benefits accordingly.

What should I do if I don't know the plan administrator?

If you do not know the plan administrator for a retirement plan, you can deliver a copy of the FL-348 form to the employer or plan sponsor. If that information is also unavailable, you may send it to the trustee or custodian of the plan's assets. This ensures that the necessary parties are informed about the order.

What is the purpose of notifying the plan administrator?

Notifying the plan administrator is crucial because it protects each party's interest in the retirement benefits. By informing the administrator, the parties ensure that their rights to the benefits are recognized and that any necessary adjustments can be made in accordance with the court's order.

Can I join a retirement plan if I am not the participant?

Yes, if you are not the participant in a retirement plan but have concerns about your interest not being recognized, you have the right to join that plan as a party to the case. This is particularly important if no joinder documents have been filed with the court or served on the plan's administrator.

What should I do if my address changes after filing the FL-348?

Each party must inform the plan representative of any changes to their mailing address until all benefits due under the plan have been paid. This ensures that all communications regarding the retirement benefits reach the correct party without delay.

Is the FL-348 form mandatory?

Where can I find more information about the FL-348 form?

More information about the FL-348 form can be found on the official California courts website. Additionally, consulting with a family law attorney can provide personalized guidance and help navigate the complexities of the process.

Common mistakes

Failing to include the correct names and addresses of both parties. It's essential to ensure that the names and addresses are accurate to avoid any future complications.
Not listing all employers where retirement plans were held. Be thorough in identifying every employer during the marriage to cover all potential benefits.
Ignoring the requirement to provide a proof of service to the court. This step is crucial for confirming that the plan administrator has received the order.
Neglecting to join the retirement plan as a party to the case when required. Each participant must ensure that they are included in the legal proceedings.
Not delivering a copy of the order to the plan administrator promptly. Timely delivery is necessary to protect your interests in the retirement benefits.
Overlooking the need to inform the plan representative of any address changes. Keeping the plan updated is vital until all benefits are received.
Failing to check if all required documents have been filed with the court. Ensure that all necessary paperwork is completed to avoid delays.
Not understanding your rights regarding survivor benefits. Familiarize yourself with the benefits available to ensure proper claims can be made if necessary.

Documents used along the form

The California FL-348 form is an important document used in divorce or separation cases to address the division of pension benefits. However, it is often accompanied by other forms and documents that help clarify the process and ensure that both parties' interests are protected. Below is a list of related documents commonly used alongside the FL-348 form.

FL-180: Judgment - This form is used to finalize the divorce or legal separation. It includes the court's orders regarding property division, support, and other matters, including the division of retirement benefits as specified in the FL-348.
FL-318-INFO: Retirement Plan Joinder—Information Sheet - This document provides information on how to join a retirement plan as a party in a divorce case. It explains the requirements and steps necessary to ensure that both parties are recognized in the retirement plan proceedings.
FL-320: Spousal or Partner Support Declaration - This form is used to request or respond to spousal or partner support. It may include financial disclosures that can impact the division of assets, including retirement benefits.
FL-300: Request for Order - This document allows a party to request specific orders from the court, such as those related to the division of pension benefits. It is often used to address any disputes that arise after the FL-348 is filed.
FL-310: Declaration for Default or Uncontested Dissolution - This form is used when one party is not responding to the divorce proceedings. It helps expedite the process and can include information about the division of retirement benefits.
FL-150: Income and Expense Declaration - This document provides a detailed account of a party's income and expenses. It is crucial for determining support and can also influence the division of retirement benefits.
FL-315: Request for Joinder - This form is used to formally join a retirement plan as a party in the case. It ensures that the plan is aware of the court's orders and can act accordingly in distributing benefits.

Understanding these related forms and documents is essential for anyone navigating the complexities of divorce and the division of retirement benefits in California. Each document plays a role in ensuring that both parties are treated fairly and that their rights are protected throughout the process.

Similar forms

The California FL-348 form is an important document related to the division of pension benefits in a divorce or separation. It shares similarities with several other forms used in family law cases. Below are five documents that are comparable to the FL-348 form, along with explanations of their similarities:

FL-180: Judgment - This form serves as the final judgment in a divorce case. Like the FL-348, it addresses the division of assets, including retirement benefits. Both forms must be completed and filed to ensure that all aspects of the divorce settlement are legally recognized.
FL-318: Retirement Plan Joinder—Information Sheet - This document provides guidance on how to join retirement plans in a divorce case. Similar to the FL-348, it emphasizes the necessity of including retirement plans in the division of assets and outlines the steps needed for compliance.
FL-350: Notice of Motion to Modify Judgment - This form is used when a party seeks to modify an existing judgment, including those related to pension benefits. Both the FL-348 and FL-350 address changes in circumstances that may affect the division of retirement benefits.
FL-341: Declaration for Default or Uncontested Dissolution - This form is used in cases where one party does not respond to the divorce petition. Like the FL-348, it can involve the division of retirement benefits, ensuring that the interests of both parties are considered even in default situations.
FL-300: Request for Order - This form is utilized to request specific orders from the court, including those related to retirement benefits. Both the FL-348 and FL-300 facilitate communication between the parties and the court regarding the division of assets and enforcement of rights.

Dos and Don'ts

When filling out the California FL-348 form, there are several important steps to follow. Here’s a list of things you should and shouldn’t do:

Do provide accurate information for both parties, including names and addresses.
Do list all employers where retirement plans were participated in during the marriage.
Don't leave out any retirement plans, even if they seem minor.
Don't forget to deliver a copy of the order to the plan administrator promptly.

Misconceptions

Understanding the California FL-348 form can be challenging. Here are some common misconceptions that often arise:

It's only for divorce cases. Many believe that the FL-348 form is exclusively for divorce proceedings. In reality, it can also be used in cases involving the dissolution of domestic partnerships.
Only one party needs to file it. Some think that only the petitioner or plaintiff is responsible for filing this form. However, both parties must engage with the process to ensure their rights are protected.
The form guarantees immediate access to retirement benefits. There is a misconception that filing the FL-348 will instantly grant access to retirement funds. In truth, it establishes a provisional interest, which may require further legal steps to access benefits.
All retirement plans are automatically included. Many assume that all retirement benefits are covered by the FL-348. However, only those plans listed in the form will be addressed, so it’s essential to identify all relevant plans.
Proof of service is optional. Some individuals think that providing proof of service to the court is not necessary. This is incorrect; it is a crucial step in the process to ensure all parties are informed.
Changes in address don't need to be reported. There is a belief that once the FL-348 is filed, changes in mailing address are irrelevant. This is not true; both parties must keep the plan representatives updated on any address changes.
Only the participant in the retirement plan needs to take action. Some think that only the individual who has accrued benefits must act. In fact, both parties have responsibilities outlined in the form.
The FL-348 form is a standalone document. Many believe that the FL-348 can be filed independently. However, it must be attached to the FL-180 form to be valid.

Being aware of these misconceptions can help you navigate the complexities of the FL-348 form more effectively. Understanding your rights and responsibilities is key to ensuring a fair division of retirement benefits.

Key takeaways

The California FL-348 form serves as an attachment to the judgment concerning the division of pension benefits in divorce or domestic partnership cases. Below are key takeaways regarding its use:

Identification of Parties: Clearly state the names and addresses of both the petitioner and respondent, as well as the case number.
Marriage Details: Include the date of marriage or registration of domestic partnership and the date of separation to establish the timeline for benefit division.
Employer Information: List all employers where either party participated in a retirement plan during the marriage, including the name or description of each plan.
Delivery of Order: Each party must promptly deliver a copy of the order to the plan administrator. This can be done in person or by mail.
Proof of Service: A proof of service must be provided to the court and the other party to confirm that the order was delivered.
Joinder Requirement: If applicable, each party must join the retirement plan as a party to the case, as required by law.
Address Updates: Parties must inform plan representatives of any changes to their mailing addresses until all benefits have been paid.
Right to Join Plans: If a party has not received proof of notice regarding their interest in a plan, they should deliver a copy of the order to the appropriate plan administrator.