In Re Marriage Of Horn

226 Cal. Rptr. 666 (1986)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W were married on June 8, 1974, and separated on January 25, 1983. H was employed as a professional football player from 1976 to 1984, playing with the National Football League during the 1976 through 1983 seasons and with the New Jersey Generals of the United States Football League during the 1984 season. After the 1984 season, he was released from the Generals, and at the time of trial (Aug. 1984), was unemployed. In 1982, the NFL added a 'severance pay' provision which provides that any player credited with two or more seasons with the NFL is entitled to receive a lump sum of severance pay. In October 1983, the Union and the NFL entered into a settlement agreement interpreting the severance provision. The agreement specifies when the player shall receive the severance pay, which depends on when he notifies the NFL club of his intent to retire and provides for withholding of severance pay if the NFL believes the player has not permanently retired, and for a grievance-arbitration procedure to settle the dispute. H is eligible for a lump sum severance payment of $100,000, based on his eight seasons with the NFL The court awarded W a community interest in the pay and H appealed.