CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Division
.........Discretion/Factors to Consider
8 Cards On This Topic:

Court has broad discretion in method chosen to divide pension plans.

Court must exercise discretion to equitably apportion defined pension benefits and divide c/p per FC 2610(a) and 2550; abuse of discretion to apply "time rule" simply b/c 1980 judgment referred to using "Brown formula."

Courts should be guided by equitable and factual considerations.

Trial courts are encouraged to cash-out pension rights, if feasible.

When pension is divided in-kind, court may retain jurisdiction to supervise payment of benefits.

Cash-out of pension rights is preferable.

Court has discretion to divide pension in any way which complies with former Civil Code section 4800 [replaced by Fam. Code §2550 et seq].

In awarding pension to H and house to W, court properly considered minor children and H's misappropriation of c/p.