Marriage Of Beltran

227 Cal. Rptr. 924 (1986)

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Nature of the Case

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Facts

H and Donalie (W) were married October 14, 1976. They separated March 30, 1981, and W filed a petition for dissolution on April 3, 1981. After a brief reconciliation from June 30, 1981, to December 16, 1982, action on the petition commenced in 1983. W's daughter from a previous marriage lived with the couple. H was a colonel in the United States Army when the parties finally separated. H earned substantial benefits, including a pension and accrued leave. The trial court found that 19.47 percent of his military pension and 31 days of his accrued leave were community property and valued such assets at $117,000 and $5,115 respectively. While the divorce action was pending, H was convicted of committing lewd and lascivious acts upon a child under 14. A military tribunal convicted husband of the same crime, and dismissed H from the Army and stripped of all military benefits, including his pension and accrued leave. The trial court charged H with receipt of the forfeited military pension and accrued leave and ordered accordingly that distribution of the community property be equalized by H's payment of one-half of such military benefits, in the amount of $59,230.50 to W. H appealed.