Is a Pension of One Spouse a Community Property Asset in a California Divorce?

I receive questions like this with some frequency:

QUESTION: I married after I retired and starting receiving a pension. Now, I am getting divorced. Is my spouse entitled to part of my pension in the divorce settlement?

ANSWER: No, under these facts in a California Divorce the pension is the separate property of the spouse receiving it. There’s no community interest. BUT pension income can be a basis for a spousal support award.

If this person had been married before they retired and subsequently sought a divorce, then there would be a community property interest in the pension of either party. The rules can be confusing

Want to know more about what happens to your retirement assets when you get a Divorce in California? Click this link .

Want to learn more about how the California Divorce Court determines whether to award spousal support (which is also called alimony) and if so how much support? Click this link.

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Mr. Gentry is a top rated divorce lawyer with over 30 years of experience protecting the rights of people and their families in Family Law Courts in Southern California Courts.