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Marriage of Brown

California Supreme Court
544 P.2d 561 (1976)


Facts

Gloria Brown (plaintiff) and Robert Brown (defendant) were married from 1950 to 1973. During their marriage and at the time of their divorce, Robert was employed by General Telephone Company (General Telephone). General Telephone had a pension plan through which employees could earn points as a result of their years of service. A General Telephone employee was required to earn a minimum of 78 points in order to have a vested right to a retirement pension. If an employee left his or her employ before accumulating 78 points, the employee did not have the right to any retirement pension. At the time that Gloria and Robert were separated, Robert had 72 points with General Telephone and would have achieved 78 points within three years of his separation from Gloria. The trial court found that because Robert had not achieved 78 points, Robert’s interest in his pension with General Telephone was not vested, and there was no community property interest in his pension. Gloria appealed the trial court's findings with respect to the Robert's pension.

Rule of Law

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Issue

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Holding and Reasoning (Tobriner, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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