In Re Marriage of Bergman
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
KING, J.
In this case we hold that in disposing of the community interest in a pension plan in marital dissolution actions ,the trial court possesses broad discretion to choose to divide it in kind between the spouses, or to award it to the employee spouse at its present value and accomplish an equal division of community property by an offsetting award of other assets. Although trial courts may not refrain from dividing the community interest in a pension plan, as with other community property, the court may temporarily reserve jurisdiction to divide it at a later time during the…
2Cases cited31 opinions
- In Re Marriage of BrownCalifornia Supreme Court · 1976
- Brown v. BrownCalifornia Supreme Court · 1976
- In Re Marriage of FonsteinCalifornia Supreme Court · 1976
- In Re Marriage of StenquistCalifornia Supreme Court · 1978
- Phillipson v. Board of Administration, Public Employees' Retirement SystemCalifornia Supreme Court · 1970
26 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Shirley W. Stewart v. Thorpe Holding Company Profit Sharing Plan, Thomas A. Carpenter, Thorpe Holding CompanyCourt of Appeals for the Ninth Circuit · 2000
- In Re Marriage of LehmanCalifornia Supreme Court · 1998
- In Re Marriage of DuncanCalifornia Court of Appeal · 2001
- In Re the Marriage of Ananeh-FirempongCalifornia Court of Appeal · 1990
- Caverly v. GrayCalifornia Court of Appeal · 2007
29 more not listed; retrieve them via the Exa API.