CALIFORNIA FAMILY LAW
...Income Tax Matters
......Community Property: Assets
.........Employment/Retirement Benefits
............Taxation of Retirement Benefits
9 Cards On This Topic:
  • Pension benefits taxable to recipient.
  • Generally, amounts distributed to pensioner is taxable in year distributed.
  • The secondary beneficiary who receives funds from an ERISA plan is the "distributee" and is taxed on them.
  • Payments made pursuant to a Gillmore order are not deductible to the payor.
  • W properly taxed on her share of H’s military retirement; income received from pension division not subject to IRC 1041.
  • W's share of H's military pension taxable to her. W not entitled to any share of taxes withheld from gross pension amount prior to division of "disposable pay."
  • W who receives all of c/p pension in MSA is taxed on her share as pension income and H's share as alimony.
  • W's share of military pension is property division; H may not deduct payments made to W as alimony.
  • No discount for future taxability of pension benefits.