QUESTION

My husband earned his pension prior to our marriage. We have been living off the earnings during our marriage. Do I have to repay after a divorce?

Asked on Aug 30th, 2021 on Divorce - California
More details to this question:
We have been living off of my husband pension earnings each month. Will I need to repay if we get divorced. Are items purchased during our marriage using the pension monthly payments separate or community property?
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1 ANSWER

Family Law Attorney serving Beverly Hills, CA
1 Award
According to California Community Proprrty laws, you each have 50% interest in all assets obtained and debts incurred during marriage, assuming there is no prenuptial or premarital agreement between you and your husband stating otherwise. Generally, you do not have to return the money spent during marriage whether the source is through pension, wages, salary or other means. I hope this answers your questions. However, l suggest that you consult with an attorney to get more specific answers that will apply to your case. You May contact our office to schedule a telephonic consultation. 
Answered on Aug 31st, 2021 at 8:19 AM

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