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HomeGovernment CodeDiv. 5Pt. 3Ch. 13Art. 7§ 21473 Retirement Beneficiary Modification After Divorce

§ 21473 Retirement Beneficiary Modification After Divorce

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

§ 21473 Retirement Beneficiary Modification After Divorce

Key Takeaways

  • •If you get divorced or legally separated, and your retirement money is given entirely to you, you can change who gets your retirement benefits after you die.
  • •Instead of your ex-spouse getting monthly payments after you die, they get nothing, and any leftover money you paid into retirement goes to your estate or someone you choose.
  • •This rule only applies if you retired on or after January 1, 2018.

Example

A couple gets divorced, and the court gives all the retirement money to one person.

That person can change their retirement plan so their ex-spouse doesn’t get monthly payments after they die. Instead, any extra money they paid into retirement goes to their family or someone they pick.

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

Official Source
View on CA.gov

§ 21473 Retirement Beneficiary Modification After Divorce

(a) Notwithstanding Section 21472, the election of an optional settlement in Section 21475, 21475.5, 21476, 21476.5, or 21477 in which a spouse is designated as the beneficiary, may be modified as provided in this section in the event of a dissolution of marriage or a legal separation in which the division of the community property awards the total interest in the retirement system to the retired member, or in an annulment of marriage in which a court confirms the annulment. The modification shall provide that payment shall be continued during the retired member’s lifetime in accordance with the optional settlement then in effect but that no monthly allowance shall be paid following the retired member’s death, and in lieu thereof there shall be paid in a lump sum to the member’s estate or a beneficiary designated by him or her the amount, if any, by which the member’s accumulated contributions at retirement exceed the total payments made to the retired member to the date of his or her death. (b) This section shall apply to any member who retires on or after January 1, 2018. (Amended by Stats. 2017, Ch. 241, Sec. 15. (SB 525) Effective January 1, 2018.)

Last verified: January 22, 2026

Key Terms

optional settlementdissolution of marriagelegal separationannulmentlump sum

Related Statutes

  • § 21454 Post-Divorce Retirement Benefit Modification
  • § 21459 Retirement Benefit Waiver Election
  • § 21290 Retirement Benefits In Divorce
  • § 21297 Nonmember Final Compensation Calculation
  • § 21471.2 Beneficiary Allowance Payment Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21473.
View Official Source