Legal Question in Family Law in California
I have been married for 5 years and am debating on separating or getting a divorce. if i separate and say we are separated for 15 years will my current 5 years of marriage go to 20 years, so that way my wife would be able to receive the max benefits at the California 10 year threshold? meaning could she take half my retirement for the rest of my life?
1 Answer from Attorneys
Community property may only be acquired during the existence of the marital economic community. The marital economic community begins with the marriage and ends when one spouse dies or when the spouses effect a permanent physical separation.
A separation ends the acquisition of community property and community property interests when there is a permanent physical separation, which is an actual separation with an intent not to resume the marital relationship. (Marriage of Baragry (1977) 73 Cal.App.4th 444.)
That kind of separation, however, is not the same as a legal separation. If you separate now, the community would acquire only an interest of 5 years of what was paid into the retirement.
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