California, United States of America
The following excerpt is from Marriage of Peterson, In re, 115 Cal.Rptr. 184, 41 Cal.App.3d 642 (Cal. App. 1974):
7 A hearing had been granted in In re Marriage of Wilson, 10 Cal.3d 851, 853, 112 Cal.Rptr. 405, 406, 519 P.2d 165, 166 '(t)o ascertain the current viability of the rule of French v. French . . . that pension benefits which have not yet vested are a mere expectancy and not subject to division as community property.' However, the court said that upon 'further examination of the record it appears this issue is not properly before us because respondent wife expressly acquiesced in the French ruling at the trial level and failed to cross-appeal from that portion of the judgment adverse to her interests. (Citation.) Accordingly, resolution of the issue must await timely presentation upon an appropriate record in another case.'
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.