California, United States of America
The following excerpt is from Krempin, In re, 70 Cal.App.4th 1008, 83 Cal.Rptr.2d 134 (Cal. App. 1999):
Appellant advances an array of arguments for restoration of her original payments based on respondent's pension. Her principal contentions appear to be: (1) that respondent committed fraud by agreeing to divide retirement pay which he intended to waive to obtain disability benefits, and that this fraud justifies reopening of the property division under the reasoning of cases like Clauson v. Clauson, supra, 831 P.2d at pp. 1260-1261; (2) that respondent breached the implied covenant of good faith and fair dealing when he applied for disability benefits, and that this breach can be redressed because the judgment reserved jurisdiction over respondent's retirement; and (3) that respondent holds the disability benefits he received by waiving appellant's share of his retirement pay in a constructive trust for her benefit.
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