[Download] "In re Marriage of Skaden" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: In re Marriage of Skaden
- Author : Supreme Court Of California
- Release Date : January 19, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[19 Cal3d Page 682] In In re Marriage of Brown (1976) 15 Cal. 3d 838 [126 Cal. Rptr. 633, 544 P.2d 561], this court, overruling a long line of prior decisions originating in French v. French (1941) 17 Cal. 2d 775 [112 P.2d 235, 134 A.L.R. 366], held that a spouse's retirement pension rights, whether or not vested, represent a property interest, and that to the extent such rights derive from employment during coverture, they comprise a community asset subject to division in a dissolution proceeding. In the instant case we confront the related question whether vested ""termination benefits"" contained in an insurance sales agent's agreement with an insurer also represent such a divisible property interest. We conclude that they do. To implement their division under the particular circumstances of the instant case, we deem it necessary and appropriate to indicate certain guidelines and procedures. We reverse the judgment and remand the cause for further proceedings.
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