Marriage of Gram

Marilyn (defendant) and Allen Gram (plaintiff), married since May 1960, saw Allen employed with the San Diego Union-Tribune Newspapers beginning October 1968, accruing retirement credit from November 1969; the couple separated in 1981 and entered a 1983 marital termination agreement giving Marilyn a one-half community interest in Allen's employment benefits, with the court retaining continuing jurisdiction to divide them. After a 1991 newspaper merger, Union-Tribune offered voluntary termination incentive plans including an enhanced early-retirement plan, which required at least 10 years' service and, if chosen, added five years to both Allen's years of service and his age, resulting in significantly greater payments than the other available plans; Allen chose this plan. In 1992, Marilyn petitioned to determine whether the enhanced portion of Allen's benefits was separate or community property; the trial court found the enhanced portion was Allen's separate property, and Marilyn appealed.