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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Bergman
Citation:
168 Cal. App. 3d 742 (1985)Facts
Joan and Elmer Bergman were married on August 22, 1959, and separated on April 19, 1980, having five children together, two of whom were minors at trial. Elmer was employed in federal civil service from 1961 until 1976, with nearly two years of prior military service counting toward his federal longevity retirement. In 1976, Elmer became permanently and totally disabled due to severe hypertension and began receiving disability pension benefits, with eligibility for longevity retirement at age 62 in 1997. During the marriage, Joan worked several jobs and was a school teacher at separation, later working for a tax planning service. As a teacher for eight years, she made contributions to the California State Teachers’ Retirement System. After separation, Joan and the minor children moved out of the family residence. Following trial, the court issued an interlocutory judgment dividing community property, including both spouses’ pension interests, requiring execution of a promissory note to accomplish equal division, and ordering Elmer to pay Joan fifteen thousand dollars in attorney fees and costs.
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