Can I Get Part Of My Spouse's Pension And Employment Benefits?

To the extent that a married person accumulates an interest in a pension, retirement, profit sharing or other employee benefit plan during the marriage, it is community and subject to division in the divorce. The law gives the judge the power to award a spouse his or her pension plan, based on its present value, or to reserve jurisdiction to award each spouse a proportionate share of the benefits when they are paid.

Other California Family Law FAQs

Q: What Is An Annulment?
A: An annulment in the legal sense is NOT the same thing as an annulment in the religious sense. A legal annulment means that the marriage was invalid from its inception … More
Q: What Are The Grounds For Divorce In The State Of California?
A: California was the first state to implement the nofault divorce concept. In California, a dissolution of marriage (divorce) can be granted if the court finds … More
Q: Are There Any Residency Requirements For Filing A Divorce?
A: Prior to filing a petition for a divorce, one of the spouses has to have been a resident of the state for a continuous six months and of the county for a continuous … More
Q: What Is Community Property?
A: California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined … More
Q: How Do Courts Award The Family Residence?
A: Where minor children are involved, the custodial parent is normally allowed to live in the residence with the children for a specified period of time after the divorce … More
Q: How Do The Courts Handle Educational Degrees And Professional Licenses Acquired During The Marriage?
A: In California, if a spouse has earned a college degree or a professional license, the community estate is entitled to be reimbursed for the costs of acquiring the … More
Q: The Child Support Enforcement Program
A: The Child Support Enforcement Program, authorized under Title IVD of the Social Security Act, provides services to assist parents in their mutual obligation to … More
Q: Statement Of Nondiscrimination
A: It is the policy of the State of California to ensure that all individuals are treated equally and that no person shall, on the basis of race, color, national origin, … More
Q: The Child Support Process
A: Anyone who has a child support and/or a medical support order, or wants to establish one, can apply for child support enforcement services by completing an application … More
Q: How The Local Child Support Office Can Help You
A: Every county has a FSD or local child support agency that provides child support services on behalf of the state of California. The FSD or local child support agency … More