How to Divide Retirement Pension in Divorce
How to Divide Retirement Pension in Divorce
Retired at the time of divorce
If either or both spouses have retired before they file a divorce case, the amounts received as their retirement pensions during their marriage should be deemed as their community property that may be divided between them. They can reach an agreement on the division of such amounts, failing which the general principles applicable to property division will apply.
Not retired at the time of divorce
If both spouses have retired, and they claim to divide the expected retirement pensions, their claim will not be sustained by the court as such expectations are not deemed as their income earned during their marriage. But if the retirement pension premiums are paid out of their community property, whether in whole or in part, and they claim to divide such premiums paid during their marriage and the interest incurred on such premiums, the claim will be sustained.
Robert Zhang 
Steve Li 