Legal Question in Family Law in California

Retirement Plans Started Before Marriage

I am married in California. I began working in 1978, married in 1983. I had a pension plan which I recently cashed in. My wife says that she is "legally" entittled to half the money because any money I receive is community property. I was under the impression that only property acquired after the marriage is community property. Iswhat she is claiming true? and if so, is there a formula that is commonly used for division?


Asked on 4/28/00, 1:47 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Retirement Plans Started Before Marriage

She does not get half. you would need to calculate how much of the benefit is community property and then she gets half of that.

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Answered on 6/13/00, 11:38 pm


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