LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeEducation CodeDiv. 1Pt. 13Ch. 12§ 22651 Nonmember Spouse Retirement Rights

§ 22651 Nonmember Spouse Retirement Rights

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 22651 Nonmember Spouse Retirement Rights

Key Takeaways

  • •A 'nonmember spouse' is someone who was married to or in a registered domestic partnership with a person in a retirement plan, and they get a share of that person's retirement money because of a divorce or separation.
  • •If you were in a registered domestic partnership (like marriage) with someone in this retirement plan, you get treated the same as a spouse when it comes to splitting retirement money.
  • •Even if you get some of your ex's retirement money, you don’t become a member of the retirement plan yourself.

Example

John and Jane were married, and John worked for the state and paid into a retirement plan. They got divorced, and the court said Jane gets half of John’s retirement money.

Jane is a 'nonmember spouse' because she was married to John and gets part of his retirement money. She doesn’t join the retirement plan herself, but she gets her share of the money John earned.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 22651 Nonmember Spouse Retirement Rights

(a) For purposes of this chapter and Section 23300, “nonmember spouse” means a member’s spouse or former spouse, and also includes a member’s registered domestic partner or former registered domestic partner, who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part. (b) For purposes of this chapter and Section 23300, a member’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part shall be treated in the same manner as a nonmember spouse. (c) A nonmember spouse shall not be considered a member based upon his or her receipt of any of the following being awarded to the nonmember spouse as a result of legal separation or dissolution of marriage: (1) A separate account of service credit and accumulated retirement contributions, a retirement allowance, or an interest in the member’s retirement allowance under the Defined Benefit Program. (2) A separate account based on the member’s Defined Benefit Supplement account balance, a retirement benefit, or an interest in the member’s retirement benefit under the Defined Benefit Supplement Program. (Amended by Stats. 2005, Ch. 418, Sec. 5. Effective January 1, 2006.)

Last verified: January 23, 2026

Key Terms

nonmember spousecommunity property interestservice creditaccumulated retirement contributionsDefined Benefit Supplement account balanceretirement

Related Statutes

  • § 22658 Nonmember Spouse Separate Accounts
  • § 22661 Nonmember Spouse Retirement Refunds
  • § 22665 Nonmember Spouse Service Credit
  • § 25000.9 Nonmember Spouse Retirement Rights
  • § 22652 Retirement Benefits Division Orders

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 22651.
View Official Source