In Re the Marriage of Huteson

This appeal from a decree of dissolution brings in issue a fire fighter's disability pension which the trial court characterized as separate property of respondent Gerald James Huteson. Petitioner Carol Ann Huteson contends the pension was community property with an actuarial value of $101,531, and that distribution of the assets of the parties was inequitable as to her when she was awarded no interest in the pension.

Before reciting the facts, we point out that characterization of property as community or separate is not necessarily controlling in the distribution of property in a…