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CalPERS Community Property Model Order Package - calpers ca

CalPERS Community Property Model Order Package - calpers ca 2026

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The document outlines the procedures and model orders for processing domestic relations orders related to the division of retirement benefits under the California Public Employees' Retirement System (CalPERS). It includes instructions for completing model domestic relations orders, which are designed to allocate a portion of a member's retirement benefits to a nonmember spouse in accordance with California community property law. The document provides three model orders: one for members not retired, one for dividing benefits at the time they become payable, and one specifically for retired members. Additionally, it details confidentiality requirements, health benefit information, and the responsibilities of both parties regarding communication and tax obligations.

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Click ‘Get Form’ to open the CalPERS Community Property Model Order Package in our platform.
Begin by filling in the initial details such as case number, names of the petitioner and respondent, and relevant dates including marriage and separation dates.
In the Recitals section, ensure you accurately state the jurisdiction and confirm that CalPERS is joined as a party to the action.
Proceed to the Stipulation section where both parties must agree on the terms outlined under California Public Employees' Retirement Law (PERL).
Select either Order A, B, or C based on whether the member is retired or not. Fill in specific percentages for division of benefits as applicable.
Review all entries for accuracy before saving your document. Utilize our editor's features to make any necessary adjustments easily.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Does my ex wife still get half of my retirement if she remarries?

If your divorce agreement specifically granted your ex-spouse a fixed percentage of your retirement, remarriage typically does not change that entitlement unless the decree included a termination clause upon remarriage.

Is CalPERS pension community property?

For CalPERS, the contributions you made, the service credit you accrued and/or purchased during your marriage or domestic partnership, and your retirement allowance are considered community property.

How do I contact CalPERS community property?

You may also call us at 888 CalPERS (or 888-225-7377).

Can my ex-wife claim my pension years after divorce in California?

A QDRO is a court order that establishes an ex-spouses right to receive a portion of your retirement benefits, including pensions, 401(k) plans, and other qualified retirement accounts. Therefore, the short answer to the big question in this article is simply: yes.

How much is the CalPERS death benefit?

The Basic Death Benefit is the return of members contributions and interest through the date of death. In some instances, there may be an additional one-time payment based on the members earnings. Group Term Life Insurance offers a lump sum payment of $5,000.

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How are retirement accounts split in divorce in California?

How Are Retirement Accounts Divided in a California Divorce? California is a community property state, meaning that, by default, any assets or debts acquired during the marriage are considered shared and will be divided equally between both spouses during a divorce, subject to a few specific exceptions.

How much of my retirement is my ex-wife entitled to in California?

The ex-spouse is entitled to half of the community property portion of the surviving spouses monthly pension, divided as follows.

CalPERS Community Property Model Order Package - calpers ca 2026

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