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HomeEducation CodeDiv. 1Pt. 13Ch. 21.5§ 23704 Spousal Signature Enforcement

§ 23704 Spousal Signature Enforcement

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23704 Spousal Signature Enforcement

Key Takeaways

  • •If your spouse won't sign a paper for your retirement plan, you can go to court to make them sign or ask the court to skip their signature.
  • •Either you or your spouse can ask the court to decide who gets what if there's a fight about money or rights.
  • •This rule is for people in California who have retirement plans and are having trouble with their spouse signing the papers.

Example

John wants to change his retirement plan, but his wife, Sarah, refuses to sign the paper. John doesn't know what to do.

John can go to court and ask a judge to either make Sarah sign the paper or say that her signature isn't needed. If Sarah disagrees, she can also go to court to fight for her rights.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23704 Spousal Signature Enforcement

If a spouse refuses to sign the election document, the member may bring an action in court to enforce the spousal signature requirement or to waive the spousal signature requirement. Either party may bring an action pursuant to Section 1101 of the Family Code to determine the rights of the party. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)

Last verified: January 23, 2026

Key Terms

spouseelection documentspousal signature requirementSection 1101 of the Family Code

Related Statutes

  • § 23703 Disability Death Benefit Election
  • § 23705 Disability Death Benefit Election
  • § 22454 Spousal Signature Court Enforcement
  • § 26704 Spousal Signature Enforcement
  • § 23700 Survivor And Disability Benefits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 23704.
View Official Source