Sunday, 19 October 2014

Is a pension vested prior to marriage considered community property

Question

Is a pension vested prior to marriage considered community property



Answer

No. That's because the community property interest in a pension vested in one spouse before marriage would come out to zero.



Answer

It is community property, only if it was added to during the marriage. But, if nothing more was added to it during the marriage, then it is the separate property of the person who earned it.



Answer

Mr. Roach is just wrong. Mr. Schneider is correct. If the pension is added to after marriage, the addition is community property, regardless of whether it is vested or unvested.



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