Marriage of Ketaily CA2/6

Facts Husband began his employment with the Los Angeles City Fire Department (LAFD) in August 1980. He and Wife were married in May 1987 and separated in April

1 1998. Husband first became eligible to retire in August 2000. He did not retire and remains employed by LAFD. The Parties' Marital Settlement Agreement On December 26, 2000, the parties entered into their MSA, which was incorporated into a judgment of dissolution. The MSA divides the parties' assets and liabilities and includes their agreement that, "All income, earnings, employment benefits, or other property received or acquired by either Party to this Agreement after date of separation shall be the sole and separate property of the receiving or acquiring Party." The MSA acknowledges that Husband is a member of the City of Los Angeles' pension system for fire fighters and was already eligible to retire. The agreement awards Wife "one-half of the community interest in Husband's pension/retirement plan, including her community share in all pension, retirement, death and survivorship benefits." It defines the community interest as "that fraction of each benefit (including early retirement subsidies and…