IN RE MARRIAGE OF SAMUELS

Docket No. 42819.

96 Cal.App.3d 122 (1979)

158 Cal. Rptr. 38

In re the Marriage of LEORA MAY and JOHN PIERCY SAMUELS. LEORA MAY SAMUELS, Appellant, v. JOHN PIERCY SAMUELS, Appellant.

Court of Appeals of California, First District, Division One.

August 23, 1979.


Attorney(s) appearing for the Case

COUNSEL

Barry D. Parkinson for Appellant Wife.

Steven W. Forsberg, Luke, Libicki & Perry and Leslie R. Perry for Appellant Husband.


OPINION

RACANELLI, P.J.

On appeal by both parties from a judgment of dissolution of marriage, we examine the nature of certain federal civil service disability and survivorship benefits. For the reasons we explain, we conclude that only the benefits payable to the disabled employee spouse upon becoming eligible for deferred retirement benefits constitute community property. We reverse and remand.

Facts

The...

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