|
|
| ||
|
|
||
|
California Law - Can Military Retirement Pay Be Divided? Military retirement pay now may be treated as community property in California. The community property portion may be: # days married and in the military / # days of total service to retirement. If the payer spouse is on active duty for 20 years and in the reserves for 10 years after that, the recipient spouse is entitled to start collecting after the 20 years and does not have to wait until the 10-year period in the reserves is up. This community property portion then is divided 50/50. Cases: Hughes (1994) 31 Cal Rptr 2d 250, 26 CA 4th 34 (formula for community property portion quoted above; also says that spouse can begin collecting at end of active duty, when military person has completed the active duty that entitles him or her to the retirement pay). Tarvin (1986) 232 Cal Rptr 13, 187 CA 3d 56 (The military spouse must have a residence, other than a military assignment, or a domicile in the state, or agree to the court's jurisdiction.) Emmett (1980) 169 Cal Rptr 473, 109 CA3d 753 (military retirement pay may be treated as community property).
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top California divorce law page. Click here for the California divorce legal table of contents. | |||||||||||||||||||||||||
______________________________________________________________________________________________________
|
