California Court of Appeal

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Marriage of Peterson, 259322

When one spouse contributes to Social Security, which according to federal law is a spouse's separate property, and the other spouse participates in a state or local pension plan in lieu of Social Security, which according to state law is community property, a state court may not consider the the Social Security benefits when dividing the parties' retirement benefits, but the county benefits must be divided equally between the parties.

Appellate Information

  • Decided
  • Published 2016/01/11




  • California Court of Appeal