Retirement Benefits

Community Property: Divorce & Your Pension

Community Property: Divorce & Your Pension

Navigating through community property can be hard, especially when it comes to a dissolution of marriage or registered domestic partnership or legal separation.

To help, our Divorce & Your Pension page provides facts about community property. We detail the steps to resolving your community property claim and a calculation method used to determine interest.

Did You Know?

  • In California, all types of retirement benefits are considered community property.
  • Your former spouse or their attorney can place a community property claim against your CalPERS pension at any time.
  • We won’t release pension benefits to you or your former spouse until the community property claim is resolved.

More information about community property is available in A Guide to CalPERS Community Property (PUB 38A) (PDF) and CalPERS Model Domestic Relations Orders (PUB 38B) (PDF).

We’re Here to Help

Call us at 888 CalPERS (888-225-7377).

We can’t provide legal advice or recommend a specific division method, but we can offer guidance through our publications.