Retirement assets accumulated during a marriage are generally considered community property in this jurisdiction and are therefore subject to division in a dissolution proceeding. This principle means that a portion of the retirement benefits earned by one spouse during the marriage may be awarded to the other spouse as part of the overall property settlement. For example, if a person accrued pension benefits while married, a court may order that the former spouse receive a percentage of those future benefit payments.
Equitable distribution of marital assets, including deferred compensation, is a significant aspect of divorce cases in this jurisdiction. The goal is to ensure a fair outcome for both parties, recognizing the contributions each made to the marital estate. The specific method for dividing these retirement plans, such as a Qualified Domestic Relations Order (QDRO), necessitates specialized legal understanding. Historical legal precedents and legislative changes have shaped the current landscape of how such assets are treated during a divorce.