Irvin

*164 Plaintiff Marianne Irvin and her late husband, Richard Irvin (respectively, Marianne and Richard), obtained a judgment of legal separation a few months before his death. Notwithstanding the separation, the couple's agreement dividing their assets reflected Richard's intent *165 that Marianne would receive the pension benefits available *514 to a surviving spouse after his death. Defendant Contra Costa County Employees' Retirement Association Board of Retirement (Board), however, denied Marianne those benefits, concluding she was not Richard's "surviving spouse" for purposes of the governing statute as a result of the legal separation. In the absence of an applicable statutory definition for the term, the Board relied on the definition of "surviving spouse" found in the Probate Code. In denying Marianne's petition for a writ of mandate, the trial court accepted that rationale.

We reverse. Because the entry of a judgment of legal separation does not terminate a marriage, but only separates a couple's economic interests, the plain meaning of the term "surviving spouse" includes a legally separated person. The Board has provided no persuasive reason for departing from this plain…