Medina v. Medina

OPINION

PICKARD, Judge.

{1} This divorce case requires us to decide whether the trial court erred in refusing to award Wife any portion of Husband’s retirement benefits for the period following her bigamous marriage to another man. We hold that the mere fact of bigamy is insufficient to deprive Wife of her share of community property. We determine that a bigamous spouse should be deprived of his or her community property rights only when the circumstances of the case shock the conscience of the court, and we remand for the trial court to make additional factual findings and reconsider the issue.