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How Does Your Divorce Affect Your CalPERS Pension?

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Did you know your 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. This means if you submit your retirement or refund application and you have an unresolved community property claim, the processing of your application could be delayed by weeks, months, or even years.

We will notify you directly when a community property claim is placed against your account. You can also view this information on your Annual Member Statement and in your personal myCalPERS account.

If you are already receiving your monthly retirement payment, we will withhold one-half of your monthly retirement payment until the community property claim is resolved.

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.

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

CalPERS will not release pension benefits to you or your former spouse until the community property claim is resolved. If you are already retired, one-half of your monthly payment is held until the claim is resolved.