In re Marriage of Hisquierdo

In In re Marriage of Hisquierdo (1977) 19 Cal.3d 613, the issue was whether the benefits payable to a worker pursuant to the federal Railroad Retirement Act (45 U.S.C. 231 et seq.) constituted assets subject to division as community property upon dissolution of the worker's marriage. The Hisquierdo court noted that there had been a number of recent decisions of the court upholding the divisibility of federally created retirement benefits (e.g., In re Marriage of Fithian (1974) 10 Cal.3d 592) and rejected contentions made concerning congressional intent to preclude state division. It was concluded that the railroad retirement benefits involved were community assets subject to division under California's community property laws. In 1979, however, the United States Supreme Court reversed this decision. ( Hisquierdo v. Hisquierdo (1979) 439 U.S. 572.) The majority of the court expressed the view that "the pertinent questions are whether the right as asserted conflicts with the express terms of federal law and whether its consequences sufficiently injure the objectives of the federal program to require nonrecognition." ( Id. at p. 583.)