Legal Question in Family Law in California

Survivor's benefits

I am receiving a pension from the Civil Service Retirement System (CSRS) since 1999. I got married in 2002 and put my wife on for survivor's benefits in 2004. I, also have two other retirement plans which were both started before marriage and no funds have been invested in any (all three) since before marriage. Is she entitled to any part of these accounts since they were mine prior to our marriage and no community funds were added to them? I did have to make repayment to the CSRS fund for the time between our marriage and signing her up for survivor's benefits, which was deducted from my pension and a monthly payment was also deducted. Repayment is completed, but monthly deduction continues. Thank you.

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Asked on 6/24/07, 3:34 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Survivor's benefits

I have never dealt with this situation, and am unaware of any case that addresses this issue. However applying general rules of community property, the CSRS retirement was separate property. Did you transmute the CSRS retirement to community property. I would argue that you did not transmute the CSRS to community property. That you merely were making arrangements for her support in the case of your demise. To support his position will require statutory and case authority as to transmutation of property.

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Answered on 7/03/07, 8:06 pm


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