Legal Opinion
In Re Marriage of Ward
California Court of Appeal
Decided July 28, 1975No. Civ. 34729PublishedCited by 5 opinions
1Opinion of the Court
Opinion
MOLINARI, P. J.
It is the settled law of this state that “ ‘retirement benefits which flow from the employment relationship, to the extent they have vested, are community property subject to equal division between the spouses in the event the marriage is dissolved.’ ” (Italics added.) (Smith v. Lewis, 13 Cal.3d 349, 355 [118 Cal.Rptr. 621, 530 P.2d 589]; In re Marriage of Fithian, 10 Cal.3d 592, 596 [111 Cal.Rptr. 369, 517 P.2d 449].) Such “retirement pay is community property because it is compensation for services rendered in the past,” and during the marriage. (Smith v. Lewis, supra,…
2Cases cited9 opinions
- In Re Marriage of FithianCalifornia Supreme Court · 1974
- Smith v. LewisCalifornia Supreme Court · 1975
- French v. FrenchCalifornia Supreme Court · 1941
- Phillipson v. Board of Administration, Public Employees' Retirement SystemCalifornia Supreme Court · 1970
- Benson v. City of Los AngelesCalifornia Supreme Court · 1963
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Marriage of BrownCalifornia Supreme Court · 1976
- Brown v. BrownCalifornia Supreme Court · 1976
- In Re Marriage of FreibergCalifornia Court of Appeal · 1976
- In Re Marriage of AdamsCalifornia Court of Appeal · 1976
- Huddleson v. HuddlesonCalifornia Court of Appeal · 1986