In Re the Marriage of Gordon Albert Sonne and Theressa Lynn Sonne. Gordon Albert Sonne, Appellant v. Theressa Lynn…

Summary

The court held that the service credit originally earned during Husband’s first marriage remained his separate property when he later redeposited member contributions to recover it. Community funds used for the redeposit entitled the community only to a proportionate share of the annuity component of the retirement allowance, not the employer-funded pension component. The court reversed the portion of the judgment adopting the broader apportionment and remanded for a new allocation based on evidence concerning the annuity.