In Re Marriage of Taylor

—Wife appeals from a postjudgment order determining her interest in Husband’s judicial retirement benefits and denying her requests for modification of spousal support and for attorneys’ fees.

In her appeal, Wife has challenged the validity of the “terminable interest rule,” as it has been applied under the Judges’ Retirement Act. We are satisfied that the trial court’s order, when entered, was correct and in accord with then-existing law. After this case was fully briefed, however, the Legislature added section 4800.8 to the Civil Code, effective January 1, 1987, with the express intent “to abolish the terminable interest rule.” (See Stats. 1986, ch. 686, § 2.) We requested the parties to submit letter briefs regarding the impact of the new legislation on this case. Having concluded that the new law may be applied to this case, we are remanding the matter to the trial court for further consideration in light of section 4800.8.

I. Facts

Husband and Wife were married on July 1, 1948, and separated on June 1, 1976. Husband began service as a superior court judge on May 1, 1963, a position he held until he elected to retire on July 31, 1984.

During the initial…