How are pensions and other retirement benefits treated in the divorce proceedings?
Pension and retirement benefits that are earned during the marriage are part of the community estate and hence subject to a 50-50 division. The pension or retirement benefits earned prior to the marriage or after the date of separation are not part of the community. Since only the amount of the pension or retirement benefit earned during the marriage is community property, when and how the pension or retirement benefit was earned, and how the pension or retirement benefit is to be paid, are all important issues that need to be addressed in the division of the benefits.
