IN RE MARRIAGE OF BROWN 544 P.2d 561 (1976) CASE BRIEF

IN RE MARRIAGE OF BROWN

544 P.2d 561 (1976)

NATURE OF THE CASE: This was a dispute over the interpretation of nonvested pension rights under California community property law. W sought review of an interlocutory judgment, which declared that H's pension rights were not community property and were not subject to division by the court.

FACTS: The issue in the present case concerns the characterization of the nonvested pension rights of Robert Brown (H). Gloria (W) and H were married in 1950 and separated in 1973. At that time, H had accumulated 72 points under the GTE pension plan, a substantial portion of which was attributable to his work during married years. H will accumulate six more points by 1976 and if he retires at that time, he will receive a monthly pension of $310.94 and if he continues after that date to a normal retirement age his pension will be $485 per month. The trial court held that H was not yet vested in his pension and as such, the pension rights were not part of the community property subject to division by the court. The court made its division and awarded W $75 per month in alimony. W appealed this decision.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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