In cases of California divorce, are pensions split on a 50/50 basis?

By John Harding
May 11, 2014
CA FAQ/Asset/Property Issues

They are. And that can be a very, very emotional issue for a lot of people. Many times, after a house, a pension is going to be the single biggest asset that exists. And a pension is oftentimes interpreted as the sweat equity of the employee who went to work each day and who created those pension benefits through effort everyday on the job.

We tend to look as a pension as mine, mine, mine, because I'm the one who did the work to earn it. But that's not how it's interpreted under California law. Those pension plan benefits that were earned during the marriage are, again, community property. If the entirety of your pension was earned while you were married, then the entirety of that pension is community property and it is going to be divided 50/50.

John Harding is the principal of the law firm of Harding & Associates in Northern California. He practices family law litigation and divorce mediation exclusively.

Back To Top

May 11, 2014
Categories:  Financial Issues|FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.