A lot of people have the same question when it comes to contributions made to retirement accounts, because they think that if they are the working spouse making contributions, then it’s their community property. If the working spouse contributed to retirement during marriage (and it’s in one person’s name solely) it’s really not community property.
Are contributions to the working spouse’s retirement accounts considered community or separate property?
If it’s contributed to during marriage, it’s community property. 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.