In Re Marriage of Anderson

Mary Louise Anderson appeals on a limited record from that portion of an interlocutory judgment of dissolution of marriage which purports to distribute pension benefits between herself and her estranged husband William Grayson Anderson. Pursuant to California Rules of Court, rule 12(a), we have augmented the record to include the entire superior court file in the above action.

Facts

It appears from the record as augmented that the parties were married January 20, 1945, and separated October 6, 1974. Following a contested trial held December 22, 1975, findings of fact and conclusions of law were signed on January 19, 1976. The pertinent findings and conclusions are as follows:

Contentions

It is contended on appeal that it was error to calculate the wife’s one-half interest in the pension as of October 6, 1974 (date of separation) and in not retaining jurisdiction to supervise payment of her interest as it becomes due. For reasons to be stated that portion of the judgment must be reversed.

Discussion

Civil Code section 5118 effective March 4, 1972, provides: “[t]he earnings and accumulations of a spouse . . . while living separate and apart from the other spouse, are…