[Download] "In Re Marriage of Richard William and Marilyn Betty Stenquist. Richard William Stenquist" by Colorado Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: In Re Marriage of Richard William and Marilyn Betty Stenquist. Richard William Stenquist
• Author : Colorado Supreme Court
• Release Date : January 07, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 89 KB

Description

Retiring after 26 years of military service, husband received a "disability" pension of 75 percent of his basic pay in lieu of a "retirement" pension at 65 percent of basic pay. Although a military "retirement" pension is a community asset (In re Marriage of Fithian (1974) 10 Cal. 3d 592, 604 [111 Cal. Rptr. 369, 517 P.2d 449]), husband claims that his entire "disability" pension is his separate property under our decision in In re Marriage of Jones, supra, 13 Cal. 3d 457. Looking beneath the label of a "disability" pension, however, the trial court found that only the excess of the "disability" pension rights over the alternative "retirement" pension represented additional compensation attributable to husbands disability; the balance of the pension rights acquired during the marriage, it ruled, served to replace ordinary "retirement" pay and thus must be classed as a community asset.

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