What is the California courts definition of the word all.

Question

Family law divorce both parties agreed and were awarded ALL of their own acquired pensions the judge agreed with the division of property and assets reviewed and signed the final judgment then I was assessed spousal support from my monthly pension payments without taking the petitioner’s pension into account. So what does All really mean if you are given all then take from that sum how can that be all.

Bradley Drew Hochberg · Answer

I know at the end of the day it all amounts to the same thing but officially it is different with different consequences. You were awarded all of your pension as your separate property. That means it is not community property. You own the whole asset and if it goes up in value then you would gain the increased value. Community property would be shared in the value increase. The issue of spousal support has been ordered at the moment. This would have to be paid normally through a wage assignment or from your bank account. The judge just decided to take it from this particular source. At some time in the future spousal support can be modified or terminated. That would stop money leaving the pension. Hopefully that explains a little of the difference. Good luck on your case.

James L. Arrasmith · Answer

In California family law, the word "all" typically means the complete and entire amount of something, without exclusions or limitations. However, this definition becomes more complex when dealing with pension division and spousal support, which operate under separate legal frameworks. 
 
Your situation highlights an important distinction in divorce proceedings: property division and spousal support are treated as separate issues under California law. Even when you receive "all" of your pension in the property division phase, that asset can still be considered as part of your overall income when calculating spousal support. Think of it like receiving your entire paycheck but still being responsible for paying bills - you own the whole paycheck, but you may have ongoing financial obligations. 
 
The court's ability to consider your pension income for spousal support purposes doesn't contradict or invalidate the property division agreement. You might want to consult with your attorney about modifying the spousal support order, especially if your ex-spouse's pension wasn't factored into the calculations. It's worth noting that under California Family Code Section 4320, the court must consider all income sources of both parties when determining spousal support, which is separate from how property was divided in the divorce settlement.

Q: What is the California courts definition of the word all.