In Re the Marriage of Ditto

Gladys Ditto appeals a judgment on reserved issues, claiming the trial court erred in retroactively applying Civil Code section 4800.2, determining the amount of spousal support, and in denying her attorney fees.

I

Gladys and Joseph Ditto married in 1953 and separated in 1984. The petition for dissolution of marriage was filed on February 4, 1985. The issues presented at trial concerned property division, spousal support, and attorney fees.

The court, in its memorandum of intended decision, indicated it was retroactively applying Civil Code section 4800.2. No request for a statement of decision was made (Code Civ. Proc., § 632), nor was one rendered. The judgment is silent with respect to the court’s reasoning; it merely confirms certain property of the parties as separate property and divides the community property.

II

Gladys appeals the judgment, claiming the court erroneously applied section 4800.2 retroactively. In In re Marriage of Hopkins & Axene (1988) 199 Cal.App.3d 288 [ 245 Cal.Rptr. 433 ], we held “Civil Code section 4800.2 [does not] govern in a dissolution proceeding filed after January 1, 1984, but involving property acquired before that time, where…