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HomeGovernment CodeCh. 11Art. 2.5§ 75059 Retirement Benefit Division Orders

§ 75059 Retirement Benefit Division Orders

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

§ 75059 Retirement Benefit Division Orders

Key Takeaways

  • •When a retired person gets divorced, the court must say when they separated.
  • •If the court splits the retirement money, it gets divided into two parts: one for the retired person and one for their ex-spouse. The ex-spouse gets their share for life and can choose who gets any leftover money if they die.
  • •Any retirement money not given to the ex-spouse stays with the retired person.
  • •If the retired person dies, any money their new spouse gets is based on the smaller retirement amount after the split.

Example

John and Jane get divorced after John retires. The court says they separated on January 1, 2020.

The court splits John's retirement money. Jane gets half of John's retirement pay for life. If Jane dies, she can choose who gets any leftover money. The rest of John's retirement money stays his. If John dies later, his new spouse only gets money based on John's smaller retirement pay.

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

Official Source
View on CA.gov

§ 75059 Retirement Benefit Division Orders

(a) Upon the legal separation or dissolution of marriage of a retired member, the court shall include in a judgment or court order the date on which the parties separated. (b) If the court orders the division of the community property interest in the system pursuant to paragraph (4) of subdivision (a) of Section 2610 of the Family Code, the retirement allowance payable to the member attributable to periods of service during the marriage shall be irrevocably divided into two separate and distinct payments in the names of the member and nonmember former spouse, respectively. Benefits under this section shall be based on the actuarial equivalent of the member’s retirement allowance as of the effective date of the order dividing the benefit. The share of the actuarially reduced monthly allowance payable to the former spouse pursuant to that division shall be a lifetime benefit, and the former spouse shall have the right to designate a beneficiary for any unpaid allowance payable at the time of his or her death. (c) Any retirement allowance not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member. (d) Any survivor benefits payable to any eligible surviving spouse of a retired member whose allowance was reduced under this section shall be based solely on the reduced allowance. (Added by Stats. 2000, Ch. 988, Sec. 1. Effective January 1, 2001.)

Last verified: January 22, 2026

Key Terms

allowanceretirementjudgmentseparationdissolutionmarriagespousesurvivor

Related Statutes

  • § 75050 Retirement Account Division Orders
  • § 75056 Nonmember Retirement Effective Date
  • § 21456 Survivor Benefit Adjustment Rules
  • § 75006 Retired Judge Unpaid Benefits
  • § 75054 Nonmember Service Credit Purchase

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 75059.
View Official Source