What is the test for determining how to divide the assets of a retired employee and his wife in a divorce case?

California, United States of America


The following excerpt is from Marriage of Lionberger, In re, 158 Cal.Rptr. 535, 97 Cal.App.3d 56 (Cal. App. 1979):

"Our suggestion in Phillipson v. Board of [97 Cal.App.3d 70] Administration, Supra, 3 Cal.3d 32, 46, 89 Cal.Rptr. 61, 473 P.2d 765, that when feasible the trial court should award the employee all pension rights and compensate his spouse with other property of equal value, was not intended to tie the hands of the trial court. That court retains the discretion to divide the community assets in any fashion which complies with the provisions of Civil Code section 4800."

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