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In most instances, you must be married for at least one year prior to your retirement date for survivor benefits to be payable to your spouse. Review your beneficiary designation.
One of the main questions we get when dividing assets and debts is, \u201care retirement plans considered community property?\u201d Any retirement plan you have counts as community property, in part. This includes your 401(k), IRAs, and pensions.
A: Under California law, disability retirement benefits are generally not considered community property until the Member reaches the point where the Member could have received a service retirement had he or she continued working.
Under California's community property law, your ex-spouse could be entitled to 50 percent of your pension in a divorce case.
Property you didn't earn, like a gift or inheritance one of you received while married, is not community property. Generally, a loan to pay for one spouse's education or training (student debt) is treated like that spouse's separate property. After you divorce, that spouse will be responsible for their student debt.
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People also ask

Your marriage lasted 10 years or longer; You are unmarried; You are age 62 or older; Your ex-spouse is entitled to receive Social Security; and.
California is a Community Property State In the case of a 401K or another type of plan, a spouse is entitled to 50% of the plan's acquired value during the course of the marriage. Any value accrued within a 401K or another plan a spouse possessed prior to marriage is that spouse's separate property.
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.
Your marriage lasted 10 years or longer; You are unmarried; You are age 62 or older; Your ex-spouse is entitled to receive Social Security; and.
In addition to retirement assets, both spouses may be entitled to Social Security retirement benefits. If the marriage lasted for at least 10 years, the spouse that earned less during the marriage may be able to receive more Social Security benefits based on his or her former spouse's income.

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