QUESTION
Is retirement benefits for public employees (PERS) affected in a divorce?
Asked on Aug 19th, 2014 on Divorce - California
More details to this question:
If both my husband and I work for public agencies and are eligible for PERS, how is this affected in a divorce?
7 ANSWERS
4 Awards
Anything acquired during the marriage is presumed to be community property including both your and your husband's PERS. Depending on a variety of factors including the length of the marriage and time accrued under PERS will affect the division of the assets.
Answered on Aug 21st, 2014 at 8:28 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Just as with all retirement accounts, 401k's, or pensions, the portion earned during the marriage is community property and subject to equal division. If you each have accounts which are similar in value, you will probably agree to each just keep your own accounts in your own name.
Answered on Aug 21st, 2014 at 8:22 AM
Domestic Law Attorney serving Vista, CA
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Ralph L. Williams
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If the benefits earned during the marriage of each PERS account are equal, then the Court would award each party their retirement account. If they are not, then each PERS account will have to valued and the one party who has a higher value will have to divide one have of the difference in values to be awarded to the other party to make an equal division of community property.
Answered on Aug 20th, 2014 at 11:12 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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The portion of the PERS earned during the marriage is community property. Community property is subject to division in a divorce.
Answered on Aug 20th, 2014 at 11:11 AM
Any retirement earned during marriage is community property. It is equalized by use of a Qualified Domestic Relations Order which needs to be done by an attorney who specializes in this area of the law.
Answered on Aug 20th, 2014 at 10:02 AM
Both retirement benefits are community property to the extent they were acquired during marriage. They will be divided by court order so that each party receives equally. Good luck.
Answered on Aug 20th, 2014 at 10:02 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Each of you is entitled to half the benefits of the other earned during marriage. This is divided by a QDRO. Benefits may not be equal so you need them valued (not face value) by an actuary.
Answered on Aug 20th, 2014 at 9:46 AM