### In re Marriage of Belthius 23 DJDAR 883 (1/4/23) (DCA2/2) \[cert. for pub. 1/31/23\]
In this case, the trial court made **two** mistakes when it signed the husband's QDRO:
1. The court used the wrong salary and rank to calculate the amount of money the wife was entitled to from the husband's pension. The court should have used the husband's *final* salary and rank at the time of his retirement to calculate this.
2. The court made a mistake by ordering that if the wife passed away before the husband, her share of the pension would revert back to the husband. This goes against [[Cal. Fam. Code § 2640|the law]] which says that each party should receive their full share of community property in any retirement plan, including survivor and death benefits.
![[B315673.pdf]]
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## Citation reference
Belthius, In re Marriage of (2023) 88 Cal.App.5th 1, 304 Cal.Rptr.3d 137
> [!info] Working notes
> This is a personal working note. Citation details are for reference; opinion and current-status verification may still be pending.
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