Are pensions received before a marriage subject to community property laws?
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Are pensions received before a marriage subject to community property laws?
Do I have to split my retirement income if I was already receiving it before I got married?
Asked on August 27, 2018 under Family Law, New Mexico
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Under state law, only pensions earned during the marriage are subject to community property claims. Since your pension was earned pre-marriage, your spouse is not entitled to any part of it.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The law in New Mexico (which is ondeed a community property state) is that a spouse is entitled to 50% of the retirement benefits of the other spouse that are EARNED during the marriage. Here, nothing was earned during the marriage. Good luck.
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