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

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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 2 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.


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