Marriage of Green

302 P.3d 562 (2013)

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Marriage of Green

California Supreme Court
302 P.3d 562 (2013)

SC

Facts

Timothy Green (defendant) earned retirement benefits from his job as a firefighter. He earned such benefits both before and during his marriage to Julie Green (plaintiff). During the marriage, Timothy exercised an option to pay for an additional four years of retirement credits. Timothy was entitled to the additional credits due to his military service prior to his marriage to Julie. The law allowing such credit stated that the service would be credited as it would have been credited had the person been in state service during the service. Timothy paid for the additional retirement credits partially with community funds. Julie filed a petition for dissolution of the marriage. The trial court ordered reimbursement to Julie for her portion of the community’s payments for the additional, military-service-based retirement credits, plus interest. Julie appealed, seeking a share of the four years of retirement credit instead of the reimbursement for the payment for the credits. The court of appeals reversed the judgment. The California Supreme Court granted Timothy’s petition for review.

Rule of Law

Issue

Holding and Reasoning (Chin, J.)

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Casebooks

California Community Property

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