Skip to Content
Top
Family Code section 2610 Your Family Is In Good Hands. Put More Than 15 Years of
Dedicated Experience in Family Law on Your Side.

California Family Code

Family Code section 2610

2610

(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 any 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, in any case in which a retirement plan provides for such an election, provided that no court shall order a retirement plan to provide increased benefits determined on the basis of actuarial value.

(3) Upon the agreement of the nonemployee spouse, order the division of accumulated community property contributions and service credit as provided in the following or similar enactments:

(A) Article 2 (commencing with Section 21290) of Chapter 9 of Part 3 of Division 5 of Title 2 of the Government Code .

(B) Chapter 12 (commencing with Section 22650 ) of Part 13 of the Education Code.

(C) Article 8.4 (commencing with Section 31685) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code .

(D) Article 2.5 (commencing with Section 75050) of Chapter 11 of Title 8 of the Government Code .

(E) Chapter 15 (commencing with Section 27400 ) of Part 14 of the Education Code.

(4) Order a retirement plan to make payments directly to a nonmember party of his or her community property interest in retirement benefits.

(b) A court shall not make any order that requires a retirement plan to do either of the following:

(1) Make payments in any manner that will result in an increase in the amount of benefits provided by the plan.

(2) Make the payment of benefits to any party at any time before the member retires, except as provided in paragraph (3) of subdivision (a), unless the plan so provides.

(c) This section shall not be applied retroactively to payments made by a retirement plan to any person who retired or died prior to January 1, 1987, or to payments made to any person who retired or died prior to June 1, 1988, for plans subject to paragraph (3) of subdivision (a).

A Practical Guide to California Family Law By Paul A. Eads, Esq.

This book, written By Paul A. Eads, helps readers know how to prepare before they initiate a legal endeavor and helps make the legal terms of family law issues easier to understand.


 

Client Testimonials

See What Others Are Saying
    "Mr. Eads, you are a true master in your field and I will always be available should any of your prospective clients want to contact me as a reference."
    Mr. Eads, you are a true master in your field.
    - Peter K.
    "Mr. Eads worked hard for me and I am confident he will do the same for you."
    My ex boyfriend was very abusive. His attorney seemed to be very aggressive and was always filing Ex Parte (emergency) hearings for me to appear in court. Due to a cost issue, I attempted to handle matters myself but it seemed that I could not get my point accrues to the judge who seemed to be familiar with my ex boyfriend’s attorney. I found Mr. Eads in the phonebook and I thought I would give him a call. Mr. Eads was able to get the restraining order I was seeking and my ex boyfriend ended up paying Mr. Eads’ attorney fees. I can now feel rest-assured that my daughter and I will be safe. I also happy that I do not have to deal with my ex’s attorney anymore. Mr. Eads worked hard for me and I am confident he will do the same for you.
    - K.Y.
    "He was very sympathetic to my cause and was very reassuring when I needed his assistance."
    I was very pleased with the outcome of my case.
    - Albert N.
    "I was barely able to make ends meet. Mr. Eads worked out a payment plan with me and reduced my arrears."
    I will be able to pay it off quicker and with more money left over with the payment Mr. Eads was able to negotiate for me.
    - John H.
    "The outcome was much more than I ever expected to receive."
    My previous attorney failed to show up for my court date and as a result, the matter was set for trial without any input from my side. I desperately sought out an attorney but most of them wanted a huge retainer up front. I found Mr. Eads and when I went in for a consultation, I found that his retainer was more than reasonable. I also liked the fact that he practices exclusively family law and seems very familiar with the local judicial officers. I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. Mr. Eads was very thorough in my case evaluation and helped me get everything I was entitled to.
    - J.L.
    "Mr. Eads when to bat for me and in my opinion, hit a home run."
    I decided to hire Mr. Eads based on his experience and the fact that his practice is limited to Family Law.
    - Veronica S.
    "Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex."
    I am a business owner and when I got divorced, I was terrified that I would lose my business. My business was also heavily leveraged against and I did not have enough capitol to sustain the business and pay my wife spousal support. My ex had an attorney who was very intimidating and kept pressuring me to liquidate the business so that I could pay his attorney’s fees. I was referred to Mr. Eads by a friend. Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex. I was also able to shorten my spousal support obligation. I really appreciate Mr. Eads professionalism and guidance during these difficult times.
    - J.A.
    "Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody."
    I am honored to write this review for Mr. Eads after he helped reunify me with my daughter after my ex abducted her and moved to Arizona. I was devastated when I came home from work to find my ex had left with all our daughter’s belongings. I called the police who told me I needed to hire an attorney. I came across Mr. Eads’ website and I was impressed with his bio. I contacted him immediately and within days, we were in court requesting that my the DA Abduction unit assist me in the return of my daughter. Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody and my ex has summer and holiday visitation. Mr. Eads is truly my hero. Thanks Mr. Eads!
    - Paul W.

Contact Us Today!

Get Started With a Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Why Choose Us?

See What Sets Us Apart
  • Up-to-Date Counsel on Recent Developments in Family Law
  • Top Rating for Ethics & Legal Skill (AV Preeminent® Rating)
  • Over 15 Years of Legal Experience Exclusively in Family Law
  • Compassionate & Cost-Effective Representation