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HomeEducation CodeDiv. 1Pt. 14Ch. 15§ 27402 Retirement Account Division Rules

§ 27402 Retirement Account Division Rules

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

§ 27402 Retirement Account Division Rules

Key Takeaways

  • •When a married couple splits up, the court must say the exact date they separated.
  • •The court can split the money saved in a work retirement plan during the marriage between both people.
  • •If the court doesn’t say who gets what, the person who owns the plan keeps everything.
  • •The court must make sure the non-working spouse gets a fair share of retirement, disability, or death benefits.

Example

A husband and wife get divorced. The husband has a retirement plan from his job.

The court will decide how much of the retirement money the wife gets, based on how long they were married. If the court doesn’t say anything, the husband keeps it all.

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

Official Source
View on CA.gov

§ 27402 Retirement Account Division Rules

(a) Upon the legal separation or dissolution of marriage of a participant, the court shall include in the judgment or a court order the date on which the parties separated. (b) The court may order in the judgment or court order that the participant’s employee and employer credits in accounts which are attributable to periods of participation in the plan during the marriage be divided into separate nominal accounts in the name of the participant and the nonparticipant spouse, respectively. Any employee or employer account credits that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the participant. (c) The determination of the court of the community property rights pursuant to this section shall be consistent with this chapter and shall address the rights of the nonparticipant spouse, including, but not limited to, retirement benefits, disability benefits, death benefits, or termination of the benefits of the participant. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.)

Last verified: January 23, 2026

Key Terms

legal separationdissolution of marriageparticipantnonparticipant spouseemployee and employer creditscommunity property rightsretirement benefitsdisability benefitsdeath benefits

Related Statutes

  • § 27400 Community Property Benefit Rights
  • § 27405 Annuity Division In Divorce
  • § 27408 Nonparticipant Spouse Firearm Rights
  • § 27412 Spousal Contribution Annuity Eligibility
  • § 22650 Domestic Partner Property Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 27402.
View Official Source