§5.08 Early Retirement

When a spouse receives an "enhanced" pension by taking early retirement and part of the pension is community property, the community is entitled to a share of the enhancement increase, even if the enhancement is offered after separation. This right is derivative from the community property benefits accrued during the marriage. [Marriage of Lehman (1998) 18 C4th 169, 179, 185.]

You should ask: Did the right to the early retirement benefit accrue before separation? If so, you must find it is a community asset. [Marriage of Drapeau (2001) 93 CA4th 1086, 1093.]