IN RE MARRIAGE OF LEHMAN

No. S062850.

74 Cal.Rptr.2d 825 (1998)

955 P.2d 451

In re the MARRIAGE OF Marietta and Jack R. LEHMAN. Marietta LEHMAN, Respondent, v. Jack R. LEHMAN, Appellant.

Supreme Court of California.

May 28, 1998.


Attorney(s) appearing for the Case

Harry L. Styron, Walnut Creek, for Appellant.

Bernard N. Wolf, San Francisco, Whiting & Rubenstein, Whiting, Rubenstein, Fallon & Ross, Walnut Creek, and R. Ann Fallon, Richmond, for Respondent.

Barbara DiFranza, Salinas, and Soma F. Baldwin, Santa Maria, as Amici Curiae on behalf of Respondent.


MOSK, Justice.

We granted review in this cause in order to address an important question relating to the characterization of retirement benefits as community or separate property under a socalled "defined benefit retirement plan," which specifies payments in advance in accordance with a formula that comprises factors such as final compensation, age, length of service, and a per-service-year multiplier: Does a nonemployee spouse who owns a community property interest...

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