In Re Marriage of Borges

Jacqueline Robinson, special administratrix of the estate of Verna C. Borges, deceased, appeals [1] from an order denying modification of an interlocutory judgment of marital dissolution.

The marriage of Nelson W. Borges and Verna C. Borges was terminated on January 3, 1975, by an interlocutory judgment which awarded to Verna $250 per month alimony. Integrated into the judgment was a marital settlement agreement which identified and divided several items of community property. Verna gave to Nelson a promissory note in the amount of $21,858 to balance the division of community property.

Almost two years later, Verna retained new counsel and obtained from the court an order directing Nelson to show cause why he should not be compelled, under terms of the agreement, to pay to Verna half the value, as of the time of the dissolution, of benefits which Nelson would upon his retirement receive from his employer, Pacific Telephone and Telegraph Company.

At hearings on the order to show cause the evidence established without contradiction that both parties had been aware that Nelson's employer would pay benefits to him upon his retirement. The settlement was…