Does a spouse have a vested right to receive a pension from their employer during the marriage?
California, United States of America
The following excerpt is from Henn v. Henn, 161 Cal.Rptr. 502, 26 Cal.3d 323, 605 P.2d 10 (Cal. 1980):
2 This court overruled French v. French, supra, 17 Cal.2d 775, 112 P.2d 235 insofar as that decision held that in order for a pension to be divided as community property the employee spouse must have obtained a vested right to its receipt during the life of the marriage. (See In re Marriage of Brown, Supra, 15 Cal.3d 838, 126 Cal.Rptr. 633, 544 P.2d 561.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a vested contractual right to earn a pension become vested contractual rights of the employee? (California, United States of America)
What is the test for determining whether to enforce by restitution a spouse's community property interest in pension payments received by the retiree spouse before partition? (California, United States of America)
What is the test for determining whether to enforce by restitution a spouse's community property interest in pension payments received by the retiree spouse before partition? (California, United States of America)
Does the term "vested rights" mean "fundamental vested rights"? (California, United States of America)
What is the test for a state's right to prohibit a spouse from entering into a marriage if the spouse dies before the date of separation? (California, United States of America)
Can a public employee have a vested contractual right to change the terms of their employment? (California, United States of America)
What evidence does the Ontario Court of Appeal need to consider to determine whether a widow entitled to a pension is entitled to receive the pension from her dependent? (California, United States of America)
Does a suspect who has received and understood the Miranda warning, and has not invoked his Miranda rights, waives his right to remain silent by making an uncoerced statement to the police? (California, United States of America)
Is there a duty on a third party tortfeasor to notify an employer of a settlement where the employer's right to reimbursement is in jeopardy? (California, United States of America)
Can an action to annul a marriage be brought by a spouse who was incompetent when the marriage was contracted? (California, United States of America)
