Drapeau

Irene Conlin Drapeau appeals from the trial court’s ruling that Louis Claude Drapeau’s “Early Retirement Benefit” (ERB) was his separate property. 1 She contends the ERB was derived from a contractual right acquired during the parties’ marriage, and must therefore be characterized as community property. We agree, and reverse and remand on that issue. Jennifer also contends the trial court abused its discretion (1) in failing to order sufficient spousal support to allow her to save at the same rate as during the parties’ marriage, and (2) in setting a prospective termination date to coincide with Louis’s mandatory retirement. We remand the spousal support order to permit the trial court to consider the parties’ marital savings history as an element in their marital standard of living, as explained below.

Factual and Procedural Background

Louis and Jennifer were married in 1976, and separated in 1997. Both were 55 years old at the time of trial. Their minor child was 15 years old; their 18-year-old son also lived at home. Jennifer, who had not worked outside the home during most of the marriage, was employed at the time of trial as chief of staff to the Mayor of Berkeley,…