Community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.Your husband's back pay which represents income before marriage is his separate property and you would not have any claim to his separate property.Your husband's back pay which represents income during the two years of your marriage is community property and you would have a claim for one half of that income.