In Re Marriage of Crook
California Court of Appeal
1Opinion of the Court
Opinion
YEGAN, J.
Here we hold that unless a marital settlement agreement (MSA) contains an express unequivocal waiver, upon the employee spouse’s eligibility to retire, the nonemployee spouse retains the right to receive his or her share of a community property pension. (In re Marriage of Gillmore (1981) 29 Cal.3d 418 [174 Cal.Rptr. 493, 629 P.2d 1].)
On June 30, 1987, the trial court entered judgment dissolving the marriage of William and Susan Crook. The judgment incorporated the MSA and specified that the trial court retained jurisdiction over the pension. William was not then eligible to…
2Cases cited7 opinions
- In Re Marriage of GillmoreCalifornia Supreme Court · 1981
- In Re Marriage of MarsdenCalifornia Court of Appeal · 1982
- In Re Marriage of AdamsCalifornia Court of Appeal · 1976
- In Re Marriage of JacobsonCalifornia Court of Appeal · 1984
- In Re Marriage of ScottCalifornia Court of Appeal · 1984
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