In Re Marriage of Gowan

After judgment in a marital dissolution action between James Robert Gowan, Jr., and his former wife, Ramona Helen Gowan, the trial court entered an order dividing the community property interest in James’s pension plan. Because we find that the trial court had retained jurisdiction to divide the pension plan, and did not abuse its discretion in dividing the pension plan according to the “time rule,” we affirm the order.

I. Facts

James and Ramona were married in June 1957. On May 27, 1960, James began employment with Beckman Instruments, Inc. (Beckman). He was employed there continuously until January 11, 1974, when he left Beckman. At the time his employment terminated, James was earning approximately $30,000 per year.

On October 25, 1978, an interlocutory judgment was entered dissolving the parties’ marriage. The interlocutory judgment was based upon a stipulation of the parties, and reflected the parties’ agreement regarding support and property division. A final judgment of dissolution was filed on February 21, 1979.

In paragraph 9 of the 1978 interlocutory judgment, the parties agreed to the following: “[Ramona] shall have confirmed to herself as her sole and…