Family Court: Dividing Property
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§4.08 Death and Survivor Benefits

You must make whatever orders are necessary or appropriate to ensure that each party receives the party's full community property share of all survivor and death benefits, including any of the following [FC §2610(a)(1), (2)]:

  • Order the disposition of any retirement benefits payable on or after the death of either party in a manner consistent with the equal division requirement of
  • FC §2550.
  • Order a party to elect a survivor benefit annuity or other similar election for the benefit of the other party, as specified by you, in any case in which a retirement plan provides for such an election. You may not, however, order a retirement plan to provide increased benefits determined on an actuarial value basis.
   

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