In Re Marriage of Hillerman

The sole question on this appeal from an interlocutory judgment of dissolution of marriage is whether the trial court’s refusal to reserve jurisdiction for the purpose of dividing future Old Age, Survivors and Disability Insurance (OASDI) was proper.

The parties to this action were married February 1, 1959, and separated on July 20, 1976. During that period Alan contributed, or had deducted from his pay, sums deposited to Social Security. At the interlocutory hearing, argument was presented as to whether the trial court should reserve jurisdiction for the purpose of dividing any community property interest in Alan’s future OASDI benefits, The trial court refused to reserve jurisdiction on the basis that under present California law, Social Security benefits are not community property (see In re Marriage of Nizenkoff (1976) 65 Cal.App.3d 136 [ 135 Cal.Rptr. 189 ]; In re Marriage of Kelley (1976) 64 Cal.App.3d 82 [ 134 Cal.Rptr. 259 ]; and recently, In re Marriage of Cohen (1980) 105 Cal.App.3d 836 [ 164 Cal.Rptr. 672 ]).

Community Property

California community property law is based on a partnership model in which each spouse contributes to and shares in the prosperity…