The Division of Property Concerning Retirement Plan Benefits

In the California Family Code, Division 7, Part 5, deals with the division of property and retirement plan benefits in this state. Section 2610 requires the court to make whatever orders are necessary or appropriate to ensure that each party receives the party’s full community property share in any retirement plan, whether public or private, including all survivor and death benefits.

The court may issue four specified orders. However, a court is prohibited from making an order that requires a retirement plan to do either of two specified actions.

Section 2611 states that a final order of a tribal court that creates or recognizes the existence of the right of a spouse, former spouse, child, or other dependent of a participant in a retirement plan or other plan of deferred compensation to receive all or a portion of the benefits payable with respect to such plan participant, and that relates to the provision of child support, spousal support payments, or marital property rights to such spouse, former spouse, child, or other dependent, must be recognized as an order made pursuant to the domestic relations laws of this state.