Retirement Benefits

How Divorce Affects Your Pension Benefits

A young man taking off his wedding ring because he is getting a divorce.

Get the facts about your CalPERS pension if you’re splitting with your spouse, going through a separation, or terminating a domestic partnership.

Did you know your CalPERS pension is considered community property? In California, all types of retirement benefits are considered community property.

When we receive notification of a community property claim against your CalPERS account, you must resolve the claim before we can issue any pension, health, and/or dental benefits.

Still Working?

If you submit your retirement or refund application and you have an unresolved community property claim, the processing of your application could be delayed.

Already Retired?

If you’re already retired and receiving your monthly retirement payment, we’ll withhold one-half of your monthly retirement payment until the community property claim is resolved.

Check Your Account

We’ll notify you when a community property claim is placed against your account. You can also view this information by logging in to your personal myCalPERS account.

Learn More About Divorce & Your Pension

For more information and detailed resources, including our fact sheet (PDF) and community property publications, visit the Divorce & Your Pension webpage.

Watch our community property webinar to learn how benefits may be divided, the process for filing, and more.

We Cannot Offer Legal Advice

CalPERS is a neutral third party to the dissolution of marriage and cannot offer legal advice. Our role is to review all court documents we receive related to the division of your CalPERS pension in compliance with the California Public Employees’ Retirement Law.