In RE THE MARRIAGE OF DeSHURLEY

207 Cal.App.3d 992 (1989) 255 Cal. Rptr. 150 In re the Marriage of MARGARET J. and JOHN R. DeSHURLEY.

JOHN R. DeSHURLEY, Respondent,

v.

MARGARET J. DeSHURLEY, Appellant.

Docket No. D006782. Court of Appeals of California, Fourth District, Division One.

February 2, 1989. [993] COUNSEL

Michele Sacks Lowenstein for Appellant.

Ring & Cline and Richard D. Ring for Respondent.

OPINION

TODD, J.

Margaret J. DeShurley appeals a judgment confirming the separate property nature of severance pay received by John R. DeShurley from Continental Airlines pursuant to a bankruptcy court order.

FACTS

Margaret and John married on December 31, 1950, and separated on October 15, 1984. John was employed as a pilot with Continental Airlines from August 13, 1951, until about October 1, 1983, when he joined a strike called by the Air Line Pilots Association, International (ALPA).

On October 31, 1985, in the United States Bankruptcy Court, Southern District of Texas, Houston Division, case number 83-04019-H2-5, Continental Airlines and the ALPA submitted their pending claims, controversies and related litigation to the court for resolution. The bankruptcy court, in essence, ordered (1) the strike terminated, (2) no recrimination or retaliation be taken against striking pilots, (3) the parties to dismiss all litigation between them pending in federal courts, (4) striking pilots be given the option of being recalled and reinstated or severance pay.

The severance pay option provided that active pilots on Continental's seniority list as of September 24, 1983, could elect severance pay in exchange for waiving the right to recall and waiving the right to claims against the company connected with the strike. The amount of severance