Legal Question in Family Law in California
Is a pension vested prior to marriage considered community property
Asked on 6/11/12, 8:46 am
3 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
No. That's because the community property interest in a pension vested in one spouse before marriage would come out to zero.
Answered on 6/11/12, 9:30 am
Michael Schneider
Family Law Center
It is community property, only if it was added to during the marriage. But, if nothing more was added to it during the marriage, then it is the separate property of the person who earned it.
Answered on 6/11/12, 9:52 am
Mr. Roach is just wrong. Mr. Schneider is correct. If the pension is added to after marriage, the addition is community property, regardless of whether it is vested or unvested.
Answered on 6/11/12, 4:07 pm
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