Do I need to report ex-spouse pension income on EDD certification? Divorce settlement confusion
I started receiving unemployment benefits after getting laid off from my administrative job last month. I'm really confused about how to properly report income on my bi-weekly certifications. Here's what's tripping me up: I receive $1,250 monthly from my ex-husband's pension as part of our divorce settlement from 3 years ago. I never worked for his company (he was with the state for 28 years), but the court awarded me a portion of his retirement. Do I need to report this pension money as income when I certify for benefits? It's not wages from work, but I don't want to commit fraud or have problems with my claim later. The EDD certification questions are confusing me because they ask about "income" but then mostly seem focused on work earnings. I've already certified once without reporting it because I wasn't sure, but now I'm worried I did it wrong. Has anyone dealt with this specific situation?
20 comments


Natasha Orlova
U dont need to report that. It's not wages from WORK. Ur fine.
0 coins
Javier Cruz
•This is incorrect advice. Whether you need to report pension income depends on specific circumstances. The EDD differentiates between pensions you earned yourself and those you receive from other sources. Since this is from an ex-spouse's pension and you didn't work for the employer, you should still report it as "other income" during certification. Even though it may not reduce your benefits (depends on your specific situation), you're required to report it for proper determination.
0 coins
Emma Thompson
omg im in exact same boat!! getting 875$ from ex's pension and i been reporting it as "other income" when i certify. been getting partial benefits still
0 coins
CosmicCowboy
•Really? So you do include it when you certify? Do they reduce your weekly benefit amount because of it? I'm so worried about doing this wrong.
0 coins
Malik Jackson
You NEED to call EDD about this!!! I made mistake of not reporting similar income and got hit with OVERPAYMENT NOTICE for $7,300!! They consider certain types of pension income as deductible from benefits and if you don't report it correctly they'll come after you later with penalties!!!! But GOOD LUCK getting through on phone - tried 23 TIMES yesterday and couldn't get past the stupid recording saying "too many callers"!!!
0 coins
Javier Cruz
•I'd recommend using Claimyr to connect with an EDD representative. I was in a similar situation with pension questions and couldn't get through for weeks. Used their service and got connected to a rep in about 20 minutes who clarified exactly how to report my specific situation. Saved me from potential overpayment issues. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km and their website is claimyr.com. Worth it to get a definitive answer directly from EDD.
0 coins
Isabella Costa
This is an important question that comes up frequently. According to EDD guidelines, you need to report pension income on your certification, but there's a distinction between pensions you earned and those received through other means. In your specific case, since you're receiving this pension through a divorce settlement and didn't work for that employer, you should report it as "other income" when certifying. However, EDD may not necessarily reduce your benefits because of this particular pension situation. The key factors EDD considers: 1. Whether you contributed to the pension 2. Whether the pension is from a base period employer 3. Whether the pension is being received during the same period as your UI claim I recommend calling EDD for clarification specific to your case, as they'll need to make a determination based on your unique circumstances. Meanwhile, yes, you should report it on your certification to avoid potential overpayment issues later.
0 coins
CosmicCowboy
•Thank you! This is really helpful. I'm going to call EDD to make sure. Do you know if I need to report this retroactively for the one certification I already submitted without including the pension? I really don't want to get hit with an overpayment notice down the road.
0 coins
StarSurfer
When i was on EDD last year i had alimony coming in and they told me that didnt count as income for certification. isnt pension from a divorce settlement kinda the same thing? not sure if this helps but thought id share
0 coins
Ravi Malhotra
•Actually, alimony and pension income are treated differently by EDD. Alimony is not considered deductible income for unemployment purposes. However, pension income, even when received through a divorce settlement, has different rules that depend on the specifics of the pension origin. That's why it's so important for the original poster to contact EDD directly to get the correct determination for their situation.
0 coins
Javier Cruz
To answer your specific question: Yes, you should report the pension income when certifying, but with some important nuances: 1. Report it under the question about receiving "other income" 2. When prompted for type, select "pension" 3. You'll need to provide the amount for the week (calculated from your monthly amount) However, since you did not work for your ex-spouse's employer (wasn't your base period employer) and didn't contribute to the pension yourself, EDD likely won't deduct this from your benefits. But you still need to report it so they can make the proper determination. For the certification you already submitted, you should contact EDD to report the correction. This prevents potential overpayment issues later. While it might seem minor now, it could cause problems if there's ever an audit of your claim.
0 coins
CosmicCowboy
•Thank you so much for the detailed explanation! This clarifies exactly what I was confused about. I'll make sure to include it going forward and will try to contact EDD about the previous certification. I really appreciate you breaking down the steps so clearly!
0 coins
Natasha Orlova
These rules r so confusing!! why does EDD make everything so complicated?? 🤬
0 coins
Malik Jackson
•EXACTLY!! And then they PUNISH US when we make honest mistakes trying to navigate their impossible system!! The whole thing is designed to trip people up and deny benefits!!!
0 coins
Freya Christensen
my brother had to report his pension but that was from his own job so probably different situation completely. divorce settlement stuff is probably under different rules?
0 coins
Ravi Malhotra
•You're correct that there's a difference. Pensions from your own former employers (especially if they were base period employers) are treated differently than pensions received through other means like divorce settlements. That's why each situation needs individual evaluation by EDD. The key distinction is whether the claimant worked for the employer providing the pension and whether they contributed to it.
0 coins
Amina Diallo
I went through something similar a few months ago with my ex-wife's military pension that I receive through our divorce decree. Initially I was confused too, but after speaking with an EDD rep (took forever to get through!), here's what I learned: You DO need to report it as "other income" when you certify - even though it's not wages from work. The fact that you didn't work for the employer or contribute to the pension yourself means EDD likely won't reduce your benefits because of it, but they still need to know about it for their records. For the certification you already submitted without reporting it, definitely contact EDD to correct that. I had to do the same thing and they just made a note in my file - no penalties since it was an honest mistake and I reported it promptly. The weekly amount calculation is easy: just divide your monthly $1,250 by 4.33 (average weeks per month) which gives you about $288 per week to report. Good luck getting through to them on the phone!
0 coins
Fidel Carson
•This is super helpful, thank you! The military pension situation sounds very similar to mine. I'm relieved to hear that you didn't get penalized for the honest mistake on the previous certification. That weekly calculation method makes sense too - I was wondering how to break down the monthly amount. Did you have any trouble getting through to EDD? I'm dreading trying to call them but it sounds like I really need to speak with someone directly.
0 coins
Kaiya Rivera
I'm dealing with a very similar situation right now! I receive about $900 monthly from my ex-husband's teacher's pension through our divorce settlement. After reading all these responses, I called EDD yesterday (it took 47 attempts over 3 days to get through - seriously!). The rep confirmed that I DO need to report it as "other income" even though I never worked for the school district. She explained that while they probably won't reduce my benefits since I didn't contribute to the pension, they still need it reported for proper record keeping. She also said that NOT reporting it could definitely lead to overpayment issues later, especially if they audit claims. For anyone in this boat - definitely bite the bullet and call EDD directly. Each situation is slightly different and they need to make the determination based on your specific circumstances. And yes, you should correct any previous certifications where you didn't report it. The rep told me it's much better to proactively correct it than to have them discover it later. The whole system is frustrating but it's better to be safe than sorry with these things!
0 coins
Andre Dubois
•Thank you so much for sharing your experience! It's really reassuring to hear from someone who actually got through to EDD and received official confirmation about this exact situation. 47 attempts over 3 days sounds absolutely brutal, but I'm glad you persisted. Your confirmation that they want it reported as "other income" even though it won't likely affect benefits matches what others have said here. I'm definitely going to call them now - better to deal with the phone marathon than risk overpayment issues later. Did they give you any specific advice about how to correct previous certifications, or did they just say to mention it when you call?
0 coins