Legal Question in Family Law in California

In divorce when there is a pension plan with one party, is the other spouse entitled to what was in the account up to the date of actual divorce or from the divorce filing date prior to the divorce being complete?


Asked on 2/08/13, 5:32 pm

3 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

The community property interest is calculated from date of marriage to date of separation?

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Answered on 2/08/13, 5:52 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

The community property interest is calculated from date of marriage to date of separation.

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Answered on 2/08/13, 5:53 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Kock. The community interest in the pension is what was earned in the pension between the date of marriage and the date of separation. The spouses then split that interest, 50-50.

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Answered on 2/11/13, 9:29 pm


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