California Court of Appeal

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

• Published 2016/01/11

Judges

• COLLINS

Court

• California Court of Appeal

Counsel