## Citation reference Bouquet, In re Marriage of (1976) 16 Cal.3d 583, 128 Cal.Rptr. 427, 546 P.2d 1371 ## Holding The California Supreme Court applied the 1971 amendment to former Civil Code section 5118 to marital property rights that had not yet been finally adjudicated. The amendment made either spouse's earnings and accumulations while living apart separate property. The court found legislative intent for retroactive application and rejected the due-process challenge to that application. The judgment was reversed. (16 Cal.3d at pp. 586–594.) This decision concerns the historical amendment and retroactivity. For the present statutory text governing postseparation earnings, see [[Codes & Rules/Family Code/Division 4 - Rights and Obligations During Marriage (§§ 700 – 1620)/Part 2 - Characterization of Marital Property (§§ 760 – 853)/Chapter 2 - Separate Property (§§ 770 – 772)/Cal. Fam. Code § 771|Cal. Fam. Code § 771]]. ## Sources - [Court opinion](https://law.justia.com/cases/california/supreme-court/3d/16/583.html), decided March 19, 1976; opinion checked October 25, 2026. - The explanation above is an original paraphrase of the court's opinion. Subsequent treatment has not been comprehensively checked.