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Marriage of Jones

California Supreme Court
531 P.2d 420 (1975)


Sumiko Jones (plaintiff) and Herschel Jones (defendant) were married in 1964. Herschel had been in military service since 1957 but became fully disabled through the loss of a limb in 1969. Herschel was discharged with disability pay of $379.12 per month. Herschel had no vested right in any retirement pay, and his payments were entirely based upon his disability. The parties were divorced in 1972, and Sumiko petitioned the trial court to find that Herschel's lifetime disability payments were a community-property asset. The trial court determined that there was no community-property interest in Herschel's disability payments received after the marriage and denied Sumiko's petition. Sumiko appealed the trial court's decision.

Rule of Law


Holding and Reasoning (Tobriner, J.)

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