Legal Question in Family Law in California

You really need to speak with an attorney. The amount of the assets you are discussing really demand the advice of an attorney and not just general information as can be provided in this type of forum. So I advise you to at least consult with a family law attorney in your area. If you can not find one please feel free to contact my office and we will either consult with you or point you in the right direction.

It appears as though you are really asking the definition of community property. In California Community Property is all property (assets and debts) acquired during marriage except for property obtained by bequest, devise or by gift. Basically this means that all assets and debts acquired during marriage that were not the result of an inheritance or trust or given to someone by a family member under specific circumstances are subject to court's jurisdiction and may be considered community property. However, there are lots of exceptions and there are lots of ways to change the character of property from community property to separate property and visa-versa.

So without knowing the circumstances it is impossible to give you an accurate answer. However, if your husband worked during the marriage and a portion of his pension was earned during your marriage then it may be considered community property. Although, the portion of it that will be considered a community asset is relative to the time of your marriage and the time of your separation. As you have describe it both pensions may be considered community property and you may have a right to a portion of both pensions. The IRA or annuity may also be community property if it was put into place during the marriage. If the source of the funds in the IRA were earned during marriage then even if it was started prior to the marriage at least a portion of it may be considered a community asset.

I highly suggest you talk with an attorney. Good luck