In Re Marriage of Anderson

Opinion

ALLPORT, J.

Mary Louise Anderson appeals on a limited record from that portion of an interlocutory judgment of dissolution of marriage which purports to distribute pension benefits between herself and her estranged husband William Grayson Anderson. Pursuant to California Rules of Court, rule 12(a), we have augmented the record to include the entire superior court file in the above action.

Facts

It appears from the record as augmented that the parties were married January 20, 1945, and separated October 6, 1974. Following a contested

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trial held December 22, 1975, findings of fact and conclusions of law were signed on January 19, 1976. The pertinent findings and conclusions are as follows:

“IX

“Petitioner is employed by Pacific Telephone and Telegraph Co.

X

“Petitioner presently has a vested, matured right to a retirement from his employer, Pacific Telephone and Telegraph Co.

XI

“Petitioner and Respondent agree that said retirement shall be divided equally, if and when received by the Petitioner....

XIII

“That the date of separation of the parties was October 6, 1974.

XIV

“The Petitioner was entitled to a retirement as of October 6, 1974 amounting to $338.54 per month for the rest of his life.

XV

“The Petitioner was entitled to a retirement as of November 20, 1975 (a date near trial date) amounting to $501.11 per month for the rest of his life....