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IN RE MARRIAGE OF STENQUIST

Docket No. L.A. 30718.

21 Cal.3d 779 (1978)

582 P.2d 96

148 Cal. Rptr. 9

In re the Marriage of RICHARD WILLIAM and MARILYN BETTY STENQUIST. RICHARD WILLIAM STENQUIST, Appellant, v. MARILYN BETTY STENQUIST, Appellant.

Supreme Court of California.

August 7, 1978.

Attorney(s) appearing for the Case

COUNSEL

Hervey, Mitchell, Ashworth & Keeney and Thomas Ashworth III for Appellant Husband.

Rand & Day and Roland B. Day for Appellant Wife.

Gertrude D. Chern as Amicus Curiae on behalf of Appellant Wife.

OPINION

TOBRINER, J.

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.1 Although a military "retirement" pension is a community asset (In re Marriage of Fithian (1974) 10 Cal.3d 592, 604 [111 Cal.Rptr. 369

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