TeresaM
Expert Alumni

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It depends, retirement income as community income depends in which state you reside and when the income for the pension or social security was earned. On your state return, California does not tax social security income from the United States, including survivor's benefits and disability benefits. 

In general, each person's Social Security benefits are their from their own account and are their own income.  For more information of retirement payments as federal community income, please click on this link to see IRS Publication for Community Property. On pages 5 and 6 it shows example scenarios.

Also there are exceptions. Please see page 9 of the same IRS Publication under Community Property Laws Disregarded to see if you may qualify for an exception. 

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