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 2 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 2 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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