If my husband was in the process of medically retiring, would I be entitled to any of his “retirement”?

Asked on December 7, 2015 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Community property is income during marriage.  Each spouse has a one half interest in the community property.
Separate property is income prior to marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.
The portion of your husband's retirement which is  from income during marriage is community property and you would have a one half interest in that portion of his retirement.
The portion of your husband's retirement which is from income earned prior to marriage is separate property.  You would not have any  claim to that portion of his retirement.

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