Marriage of Lucero
Court of Appeals of California
173 Cal. Rptr. 680 (1981)
Over the course of his marriage to Mrs. Lucero (plaintiff), Mr. Lucero (defendant) accrued 30 years and one month of employment-service credit but had withdrawn all his own retirement contributions ($9,373) during the marriage, meaning he was entitled to only $474 monthly unless and until he redeposited those funds; the couple separated in 1976. After separation, Mr. Lucero redeposited the $9,373 using his own separate property, becoming entitled to $840 monthly instead; Mrs. Lucero claimed the entire $840 monthly benefit as community property, but the trial court found a community interest only in the original $474 benefit, calculating her payment based on that lower figure. Mrs. Lucero appealed.
Whether (1) the post-divorce right to reinstate retirement benefits earned during a spouse's marriage is the separate right of that spouse, and (2) the duty of fair dealing between spouses with regards to community-property interests terminates upon their separation or divorce.