§ 21297 Nonmember Final Compensation Calculation

• •If you're not the person with the retirement plan, your 'final compensation' is the highest average pay they got in the last 3 years (or 1 year if that's all they worked) before the divorce or separation.
• •You can pick an earlier time period if your marriage and their job time match up better that way.
• •This is about figuring out how much money you might get from their retirement plan after a divorce.

A couple gets divorced after being married for 10 years. One spouse has a retirement plan from their job.

The spouse without the retirement plan can look at the highest average pay the other spouse earned in the last 3 years of their job before the divorce. That number helps decide how much money they might get from the retirement plan.