Legal Question in Family Law in California

Yes. In the divorce, the unmatured but vested retirement benefits should be divided as a community asset and an order issued to the retirement fund administrator. Then when the spouse who earned the retirement benefits retires, or sometimes when they COULD have retired, the administrator is under orders to pay the divorced spouse their share.

If the benefits were earned during the marriage, prior to separation, there is a community property interest in the benefits, which should have been divided in the dissolution.