In Re the Marriage of Nice

Introduction

In this case, a pension plan challenges a judgment of dissolution on two grounds. Reversing the trial court’s order that the pension plan make payments to the nonemployee former spouse, we hold that the husband, the pension plan member who wishes to continue working even though he is eligible to retire, must himself compensate his former wife for her portion of community contributions to the pension plan. We further hold that even though the pension plan does not provide “survivor benefits” to a nonemployee former wife, the judgment of dissolution must nevertheless compensate her fully for all contributions to the husband’s retirement plan, and remand for reconsideration of that issue.

At a March 6, 1990, hearing, petitioner and respondent in a marital dissolution proceeding argued before the court as to the division of current pension benefits and survivorship rights due to the community because of the husband’s employment with the Los Angeles city fire department. On March 26, 1990, the Los Angeles County Superior Court filed a judgment dissolving the marriage of Geraldine A. Nice (Geraldine), petitioner, and Perry A. Nice (Perry), respondent. Among other…