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Re: 771A Does this include pension income that was earned during the marriage subject to division and/or income not yet earned as a pension?
Let me rephrase my inquiry for clarification. All of my husband's income following separation was pension income he earned during the marriage. For several years following separation, my income was not a pension but now has become a pension since I am now retired. What are the rules governing his pension income following separation that were all (there are two pensions) earned during the marriage and prior to separation?
From what I think I understand from your statement, all of my income following the separation up to my retirement would be my separate property. After my retirement, even though separated, my pension would be community property subject to division subject to time rule.
One minor follow-up with major $ impact potentially. If husband earned pension award (community property) and spent funds without sharing following separation when he earned pension award during marriage and prior to separation, am I out of luck in recovering my share in offset/payment in marital settlement?
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