Fl 347 Form – Fill Out and Use This PDF

FL-347

BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP

The court grants the request of

petitioner

respondent

to bifurcate and grant a separate trial on the issue of the

dissolution of the status of the marriage or domestic partnership apart from other issues.

Date marital or domestic partnership status ends (specify):

THE COURT FINDS

1.A preliminary declaration of disclosure with a completed schedule of assets and debts and income and expense declaration has been served on the nonmoving party, or the parties have stipulated in writing to defer service of the preliminary declaration of disclosure until a later time.

2.Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissolution unless joinder is precluded or made unnecessary by applicable law.

THE COURT ORDERS

3.a. To preserve the claims of each party in all retirement plan benefits on entry of judgment granting a dissolution of the status of the marriage or domestic partnership, the court makes one of the following orders for each retirement plan in which either party is a participant:

(1)A final domestic relations order or qualified domestic relations order under Family Code section 2610 disposing of each party's interest in retirement plan benefits, including survivor and death benefits.

(2)An interim order preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits, pending entry of judgment on all remaining issues.

(3)A provisional order on Pension Benefits—Attachment to Judgment (form FL-348) incorporated as an attachment to the judgment of dissolution of the status of marriage or domestic partnership (Judgment (Family Law) (form FL-180)). This order provisionally awards to each party a one-half interest in all retirement benefits attributable to employment during the marriage or domestic partnership.

		Type of order attached
b.	Name of plan:	3a(1)			3a(2)			3a(3)

See attachment 3b for additional plans.

c.The moving party must promptly serve on the retirement or pension plan administrator a copy of any order entered under items a and b above and a copy of the judgment granting dissolution of the status of the marriage or domestic partnership (form FL-180).

4.Jurisdiction is reserved for later determination of all other pending issues in this case.

5.The court makes the following additional orders as conditions for granting the severance on the issue of dissolution of the status of marriage or domestic partnership. In the case of the moving party's death, the order continues to be binding on that moving party's estate and will be enforceable against any asset, including the proceeds thereof, to the same extent that these obligations would have been enforceable before the person's death.

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FL-347

5. b.

Health insurance

Until judgment has been entered on all remaining issues and has become final, the

petitioner

respondent

must maintain all existing health and medical insurance coverage for the other party, and that party must also maintain any

minor children as named dependents, as long as that party is eligible to do so. If at any time during this period the

petitioner

respondent

is not eligible to maintain that coverage, that party must, at his or her sole expense,

provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance

coverage to the extent it is available.

If that coverage is not available, the

petitioner

respondent

is responsible for paying the health and medical

care for the other party and the minor children to the extent that care would have been covered by the existing insurance coverage but for the dissolution of marital status or domestic partnership, and will otherwise indemnify and hold the other party harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. "Health and medical insurance coverage" includes any coverage under any group or individual health or other medical plan, fund, policy, or program.

d.		Probate family allowance
	Until judgment has been entered on all remaining issues and has become final, the			petitioner		respondent
	must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
	the loss of the rights of the other party to a probate family allowance as the surviving spouse or surviving domestic partner.
e.		Retirement benefits

Except for any retirement plan, fund, or arrangement identified in any order issued and attached as set out in paragraph 3, until

judgment has been entered on all remaining issues and has become final, the petitioner respondent must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the loss of the other party's rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund, or arrangement, or to any elections or options associated with them, to the extent that the other party would have been entitled to those benefits or elections as the spouse or surviving spouse or the domestic partner or surviving domestic partner of the moving party.

The moving party must indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those benefits or elections as the surviving spouse or surviving domestic partner of the moving party.

Attachment 5(g), Order Re: Beneficiary Designation for Nonprobate Transfer Assets, will remain in effect for each covered asset until the division of any community interest therein has been completed.

h.

Individual Retirement Accounts

Attachment 5(h), Order Re: Division of IRA Under Internal Revenue Code Section 408(d)(6), has been issued to preserve

the ability of petitioner respondent to defer distribution of his or her community interest on the death of the IRA owner.

FL-347

5. i.

Enforcement of community property rights

Good cause exists to make additional orders as set out in Family Code section 2337(c)(9). See Attachment 5(i).

j.

Other conditions that are just and equitable

Other:

6. Number of pages attachments:

WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the marriage or domestic partnership to be ended.