Thank you for that clarification.
All property acquired during marriage and before separation (other than by gift or inheritance (Ca Fam § 770(a)(2)), is community property
. This includes pension
. So both her pension and your pension is community property
. Essentially, you can "combine" them into one pension at divorce, and then have it split.
But split how? California is considered a "Community Property" state. This means it would be split as evenly as possible. So say you have $50 in pension, and she has $150. Then it would be $200, and each would receive $100 (in this case, you would get $50 from her pension).
, you would have a right to part of her pension as needed to make the split of both pensions as even as possible.
I hope this helps and clarifies. Good luck in this matter.
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