Legal Question in Family Law in California

Divorce property settlement

Is the income to the recepient of a separate property lifetime trust considered community property in a divorce settlement? What pension income is considered community property? i.e.,1) pension earned prior to the marriage and 2) IRA (pension) earned during marriage?


Asked on 5/26/01, 12:24 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce property settlement

As long as income from separate property remains in a separate account it continues to be separate property. Pensions contributions made during the marriage are community property as well as income from that community property contributions. The same goes for IRA's which means that pensions and IRAs may be part community and part separate. Good Luck, Pat McCrary

Read more
Answered on 6/23/01, 3:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California