In Re Marriage of Kelley

This is an appeal from an interlocutoiy judgment of dissolution of marriage. Resolution of the issues raised requires: (1) consideration of an apparent conflict in the rationale of Court of Appeal decisions dealing with the power of the trial court to order termination of spousal support in the future without reservation of jurisdiction to modify the determination (see e.g., In re Marriage of Dennis (1973) 35 Cal.App.3d 279 [ 110 Cal.Rptr. 619 ] and In re Marriage of Patrino (1973) 36 Cal.App.3d 186 [ 111 Cal.Rptr. 367 ]); (2) determination of the issue of first impression concerning the treatment of future social security old age and survivor benefits funded by employee taxes during marriage as community property; and (3) determination of the propriety of a trial court order which, while providing that the parties pay a community debt in a designated proportion, also declares that any post-dissolution reduction of indebtedness must run equally to both parties.

We conclude that: (1) whatever may be the conflict in the language of the existing Court of Appeal opinions, they are distillable into guideline limits of trial court discretion which invalidate a portion of the…