In Re Marriage of Adams

Statement of Facts

Floyd Sherman Adams (husband), appellant, and Ida Jean Adams (wife), respondent, were married on July 27, 1947. On March 1, 1949, husband was employed by the City of Pasadena as a fireman and served in that capacity until 1962, at which time he became a fire inspector. The parties separated on September 30, 1970. Thereafter; wife filed an action for dissolution of marriage, and on January 31, 1972, an interlocutory judgment of dissolution was entered reserving all issues other than the matter of dissolution for decision by further judgment. On March 21, 1973, trial was held upon the reserved issues, and a further judgment was entered that awarded wife alimony and distributed the community property assets except for husband’s retirement benefits.

At the time of the second hearing, husband had not retired; therefore, the court reserved jurisdiction to determine the apportionment of husband’s retirement benefits until after his retirement. He retired as of October 31, 1974, and the delayed hearing was held in March 1975, in order to determine the community property and separate property portions of his retirement benefits. At that hearing the following…