Parada v. Parada
In Parada v. Parada, 196 Ariz. 428, 999 P.2d 184 (2000), the dissolution decree awarded the wife, Guillermina, one-half of the husband's, Raul's, retirement benefits in the pension plan.
Raul later remarried and then died.
The surviving spouse, Ana, refused to pay Guillermina one-half of the death benefits, even though Ana had executed an assignment providing otherwise.
The trial court and this court agreed that 38-850(C) precluded Ana's assignment of the death benefits, but we held that Guillermina had an interest in those benefits to the extent that she had not received her full community share of Raul's retirement benefits.
A majority of the supreme court disagreed with our holding, concluding that the language of the statute establishing the plan's death benefits, 38-846, "deprives an ex-spouse of any right or claim to death benefits under the plan. " Parada, 196 Ariz. 428, P21, 999 P.2d 184, P21.