California Family Code

§ 2610

FAM § 2610 Effective Jan 1, 2020Div. 7 · Part 5

Statute text

(a)Except as provided in subdivision (b), the court shall make whatever orders are necessary or appropriate to ensure that each party receives the party’s full community property share in any retirement plan, whether public or private, including all survivor and death benefits, including, but not limited to, any of the following:

(1)Order the disposition of retirement benefits payable upon or after the death of either party in a manner consistent with Section 2550.

(2)Order a party to elect a survivor benefit annuity or other similar election for the benefit of the other party, as specified by the court, when a retirement plan provides for that election, provided that no court shall order a retirement plan to provide increased benefits determined on the basis of actuarial value.

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Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 22. (AB 1817) Effective January 1, 2020.