California Court of Appeal

In a dispute between ex-spouses over the husband's CalPERS pension, which included four years of credit for past military service purchased with community funds, the trial court's characterization of the credit as the husband's separate property is reversed, where prior to the marriage, the husband's right to the credit amounted to no more than an expectancy, which is not a property right divisible upon dissolution of marriage, since he held no unconditional, contractual right to the payment of benefits, or even a nonvested right to such credit, before he actually purchased the credit during the marriage, using community funds.

Appellate Information

• Decided 05/16/2012
• Published 05/16/2012

Judges

• Sepulveda

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• April Rose Sommer, Tarkington, O‟Neill, Barrack & Chong