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Ruling on Apportionment of Former Spouse's Service Credit

By FindLaw Staff on February 23, 2010 12:39 PM

In In re Marriage of Sonne, No. S166221, the California Supreme Court faced the issue of whether the community was entitled to the redeposited amount, paid for with community funds, of a service credit earned by the husband during his first marriage. 

In reversing the decision of the court of appeals, the court agreed with the husband that the trial court's apportionment of the service credit arising from the husband's first marriage was in error as that portion earned was his separate property. 

Moreover, because the community funds, used for the redeposit, contributed only to the annuity part of the retirement plan, the community is entitled to a pro tanto share of the annuity only.

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