In re Marriage of Brown

Gloria (plaintiff) and Robert Brown (defendant) were married from 1950 to 1973; during the marriage, Robert worked for General Telephone Company, which required employees to earn 78 points through years of service before their retirement pension right vested (an employee leaving before 78 points had no pension right at all). At separation, Robert had 72 points and would reach 78 within three years. The trial court found Robert's General Telephone pension interest nonvested and therefore not community property at all; Gloria appealed.