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1 MEDINA V. MEDINA, 2006-NMCA-042, 139 N.M. 309, 131 P.3d 696 JOSE S. MEDINA, Petitioner-Appellee, v. RACHAEL R. MEDINA, Respondent-Appellant.
Docket No. 25,584 COURT OF APPEALS OF NEW MEXICO 2006-NMCA-042, 139 N.M 309, 131 P.3d 696 February 28, 2006, Filed APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY, Charles C. Currier, District Judge Released for publication April 11, 2006. COUNSEL Cusack, Jaramillo & Associates, P.C., Timothy J. Cusack, Roswell, NM, for Appellee Ramon I. Garcia, Roswell, NM, for Appellant JUDGES LYNN PICKARD, Judge. WE CONCUR: CYNTHIA A. FRY, Judge, MICHAEL E. VIGIL, Judge AUTHOR: LYNN PICKARD OPINION

PICKARD, Judge. {1} This divorce case requires us to decide whether the trial court erred in refusing to award Wife any portion of Husband's retirement benefits for the period following her bigamous marriage to another man. We hold that the mere fact of bigamy is insufficient to deprive Wife of her share of community property. We determine that a bigamous spouse should be deprived of his or her community property rights only when the circumstances of the case shock the conscience of the court, and we remand for the trial court to make additional factual findings and reconsider the issue. FACTS {2} Jose Medina (Husband) and Rachael Medina (Wife) were married on May 14, 1993. They lived together for some period of time, although the parties dispute their date of separation. Husband alleges that they separated in 1997, while Wife alleges that they separated in 2003. The trial court specifically declined to make a factual finding regarding the date of the parties' separation. In 2003, Husband filed for divorce. {3} At trial, Wife testified that she married a man named Paul Orozco at a ceremony in Colorado on September 22, 1999, while she was still legally married to Husband. Before

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