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California Law - Can Pension Plans Be Divided? Both vested and non-vested employment benefits may be divided, if any benefit accrued during the marriage. The community property method is generally calculated using the "time method". This says that the community property portion is: number of years married and employed divided by total number of years employed (to retirement). One exception: By statute, if one spouse is convicted of attempting to murder the other, the murderous spouse is not entitled to share the intended victim's pension benefits. Section 782.5. Cases: Frahm (1996) 45 Cal. App 4th 536 (vested and non-vested employment benefits). Stephenson (1993) 24 Cal Rptr 2d 411, 20 Cal App 4th 250 (pension benefits may be valued as of date of separation; court added interest since then and before trial).
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