A lot of people have that same question because they think that if they are the working spouse, whether it’s the man or the woman, if they contributed to retirement during marriage, if it’s in one person’s name solely, that person believes that it’s their community property, but it’s really not.
It’s really community property if it’s contributed to during marriage. Whether it’s in one name or both names, it’s going to be divided in half. If you are the spouse that stays home and does not contribute to retirement and the retirement is only in your spouse’s name, if your spouse contributed to it during marriage, it is half of yours whether you contributed to it or not.
Ann A. Thomson is a family lawyer practicing in Seal Beach, California. She serves clients throughout the Orange County and southern California area. To learn more about Ann and her firm, visit www.annthomsonlaw.com.