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Can my ex-wife take my retirement money?

In a community property state like California, all assets acquired during the marriage are considered to be the property of both spouses. It doesnt matter who actually earned them. Thus, upon divorce, all marital assets (including retirement plan assets like a pension) should be split 50/50 between spouses.

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.

What happens if a QDRO is never filed?

If a QDRO is not filed, the former spouse may not be entitled to any portion of the retirement asset. This means you could miss out on your share of the retirement funds. In fact, if any of the following occur before a QDRO is filed, you risk forfeiting all of your benefits: Your spouse retires.

What happens to your CalPERS pension after a divorce?

In California, all types of retirement benefits are considered community property, which allows CalPERS benefits to be divided upon a dissolution of marriage or registered domestic partnership or legal separation.

When can I collect my ex husbands retirement?

You must be age 62 or older. If your ex is deceased, you can collect at age 60 as a surviving divorced spouse. If your ex is deceased and you are disabled, you can collect at age 50.

How long will my ex get my pension if I am divorced?

As with other divided property, the ex-spouses share of the pension remains his/her property. The pension is payable to an ex-spouse for as long as your pension is being paid to you or your qualified survivor.

How much of my pension can my ex wife claim?

In a community property state like California, all assets acquired during the marriage are considered to be the property of both spouses. It doesnt matter who actually earned them. Thus, upon divorce, all marital assets (including retirement plan assets like a pension) should be split 50/50 between spouses.

Can ex wife claim my retirement years after divorce?

If a marriage lasted for at least 10 years and meets certain other criteria, an ex-spouse may be eligible to claim benefits based on the former spouses earnings record.

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