is pension/ s.s. received prior to marriage considered community property

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

is pension/ s.s. received prior to marriage considered community property

I was receiving my pension and social security 2 tears prior to marriage. Is my spouse entitaled to any portion of this in a divorce?

Asked on September 3, 2019 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Community property includes income during marriage. Each spouse has a one half interest in community property.
Separate property includes income before marriage and after the marriage ends. A spouse has no claim to the other spouse's separate property.
Social Security is not community property regardless of when it was earned. Therefore, your spouse has no claim to your Social Security.
The portion of your pension based on income prior to marriage is your separate property, and your spouse has no claim to your separate property.
The portion of your pension due to income during marriage is community property and your spouse has a one half interest in community property.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption