Legal Question in Family Law in California

California treats retirement pensions as community property to the extent that the right to benefits was earned during marriage. It is irrelevant that the benefits are received after divorce. A pension vests when the employee completes the minimum employment period for a pension when he reaches retirement age. A pension is unvested if the employee has not completed the minimum employment time. Vested and unvested pensions are treated as commuinty property. Divorce courts may divide unvested pensions when and if benefits are received, or when and if the pension vests. There is a lot of different rules regarding the valuation (such as the the "time rule", reinstatement, etc. I would need more information to give you a specific response.

Roach has given you a classic "Microsoft Tech Support Answer," i.e., one that is entirely correct but doesn't answer your question and is of no help at all.

The proper answer to your question is that you have to look at your judgment. The pension and what rights each of you would have in it should have been addressed in the property distribution terms of the judgment. If it was not, you may have to go back to court to get it sorted out.