California Court of Appeal

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In re Marriage of Gray, H030284

In case where divorce occurred in 1980, but court reserved jurisdiction over husband's pension benefits for when they became due and payable, denial of husband's pension division motion is reversed where trial court's use of "Brown Formula" did not equate with the "time rule" at the time it was referenced, and the term is reasonably interpreted as an indication that the court had then determined the community to have an interest in husband's pension and had directed that total accrued benefits at retirement would be divided in kind in the future exercise of the court's discretion.

Appellate Information

  • Decided 08/28/2007
  • Published 09/21/2007


  • DUFFY, J.


  • California Court of Appeal


  • For Appellant:
  • Mark Hanley Lipton, Lipton, Warnlof, Segal, et al., Roseville, CA, for Appellant.

  • For Appellees:
  • Nancy Bennett Bunn, Newport Beach, CA, for Respondent.
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