all night. I was working and had to get my rest."
Sometime in 1971: Clydia and David had another "falling apart."
October 19, 1971: Lois filed suit for divorce. At no time subsequent to her separation from David in August 1969 did he provide support for her. In January 1971 he permitted Katherine to live with Lois, but he provided no child support for Katherine. On November 11, 1971, an order to show cause was issued ordering David to pay $10 per week child support. No interlocutory judgment of divorce was ever obtained.
September 16, 1972: David died.
Ruth was a neighbor of David's; she showed him various kindnesses and performed some services for him gratuitously, with no expectation of payment. He never told her he was going to name her asto both benefits, designating Clydia on April 13, 1970, and Ruth on March 27, 1972.
Relying upon the principle that as the designated beneficiary Ruth could not defeat the community property rights of David's spouse(s), the trial court held that Ruth was entitled to one-half of the proceeds. The court found that Clydia was David's legal spouse and that Lois was his putative spouse and that each had a community property interest with David in the proceeds. The court thus divided the other half equally between Clydia and Lois. In making its ruling, the trial court refused to give retroactive effect to the 1971 amendment of Civil Code section 5118, which provides that: "The earnings and accumulations of a spouse ... while living separate and apart from the other