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