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SUPREME COURT OF LOUISIANA
No. 97-C-2305

CHARLENE ARCEMENT BLANCHARD
VERSUS

WAYNE P. BLANCHARD
************************************************************** ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIFTH CIRCUIT, PARISH OF JEFFERSON **************************************************************

Calogero, C.J.* We determine in this case the manner in which a marital community should be partitioned, where the community consists only of two major marital assets, a pension, not yet fully mature, and the family home. The defendant, Wayne Blanchard, argued in the court of appeal and in this Court that the district court judge did not abuse his discretion in awarding him the family home and Ms. Blanchard the pension. Ms. Blanchard, on the other hand, argues that such an allocation is inequitable under LSA-9:2801 because of the different "natures" of the assets, her pension being in large part a future hope and the family home being a presently marketable, tangible piece of immovable property. She argues that each asset should be equally divided between the parties if equity is to prevail. Resolution of this issue necessarily turns on whether it is proper in this case to divide the pension using the "present cash value" method, recognized by this Court in Hare v. Hodgins, 586 So.2d 118 (La. 1991), or to defer defendant's benefit distribution until Ms. Blanchard retires under the "fixed percentage" method

*

Traylor, J. not on panel. See Rule IV, Part 2,

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