IfI divorce my husband will he still have access to my pension?

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IfI divorce my husband will he still have access to my pension?

Asked on October 4, 2011 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

Community property is property acquired during marriage or in this case income during marriage.

Separate property is property acquired prior to marriage or after the marriage ends.  Separate property includes income before marriage or income after the marriage ends.

The portion of your pension representing the years you were employed during your marriage would be community property.  Your husband would have a claim for half of your pension for only those years of employment during your marriage.  After divorce or separation with no intent to reunite, your income would be your separate property and your husband would not have any claim to that portion of your pension which represents income after your marriage ends.

For example, if you were married for ten years and you were employed by Company A for ten years, that income during marriage is community property and your husband would have a one half interest in the portion of your pension which represents your income during the ten years of marriage.  Let's say that after divorce, you continued working for Company A for another twenty years.  That income after divorce is your separate property.  Your husband would NOT have a claim to the portion of your pension representing the twenty years you worked for Company A after your divorce.


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