Bowen

Mary Etta Bowen (appellant) filed an order to show cause, seeking a share of the Flying Tiger Lines (Flying Tiger) pension plan *1294 benefits of her former husband, Edmund L. Bowen (respondent). In affixing the share to be paid to appellant, the court took into consideration not only the number of years respondent worked for Flying Tiger, but also the number of years respondent worked for Federal Express, Flying Tiger’s successor by merger. Appellant claims that by taking the years of Federal Express employment into consideration, the court improperly diluted her share of the Flying Tiger fixed plan and variable plan pension benefits. She also contends the Flying Tiger variable plan pension benefits are 100 percent community property because the plan was fully funded by the time she and respondent separated. We agree with appellant’s first assertion of error, and reverse and remand.

I

Facts

Appellant and respondent were married in 1962 and respondent began employment with Flying Tiger in 1966. The parties separated in 1982 and their marriage was dissolved by judgment in 1984. Respondent continued employment with Flying Tiger until 1989, when Flying Tiger and Federal…