Pensions and Retirement Plans at the Death of Participant Spouse

  Can you divide a retirement plan when the participant spouse dies before entry of an Order dividing the plan? In California, Pension and other retirement plan contributions made during marriage are considered community property. Any contributions made prior to marriage or after separation are the separate property of the contributing spouse. Determining the community […]

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Reimbursements for Community Property Contributions to Education or Training

Family Code Section 2641 provides that the community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party.  Additionally, the amount reimbursed includes interest at the legal rate (currently 10 %) calculated from the end of the calendar year in which the contributions […]

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DIVIDING A RETIREMENT PLAN AFTER THE DEATH OF THE MEMBER SPOUSE

                Judgments for dissolution of marriage generally provide that the community interest in each spouse’s retirement plan earned during marriage is to be divided by a Qualified Domestic Relations Order (QDRO), unless the parties waive such interest, or the non-member spouse’s share is offset against another property interest.  […]

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