I have been separated for 10 years and have just filed for divorce. My husband has been receiving his pension payments for the last 8 years....

Question

I have been separated for 10 years and have just filed for divorce. My husband has been receiving his pension payments for the last 8 years. As part of the settlement I am going to ask for him to pay me my portion of the community property portion of his pension that he has been receiving for the last 8 years. Is there a legal basis for asking for interest on my portion that he has received in the past? If so, what interest rate would be acceptable to the court?

Answer

Community property ends when the parties separate. Unless the court finds that the pension was community property then you don't recover.

If you can show that the community owns a share of the pension from when it was acquired then you could ask for it based upon the community's interest.

The court's are reluctant to grant prejudgment interest in family law so not very good because the person was not noticed of the claim.