§5.09 Military Retirement Pay

Characterizing military retirement pay is a state law question after the enactment of the Federal Uniformed Services Former Spouses' Protection Act (FUSFSPA). Under California law, you may award a former spouse his or her community interest in the gross amount of a military retiree's vested pension. [See Casas v Thompson (1986) 42 C3d 131, 142, 151, 153; Marriage of Fithian (1974) 10 C3d 592, 595.]

FUSFSPA generally provides that a court may treat a service member's "disposable retired pay" for pay periods beginning after June 25, 1981, either as property solely of the service member or as property of the member and his or her spouse in accordance with state law. [10 USC §1408(c)(1); see Mansell v Mansell (1989) 490 US 581, 583 (implicitly rejecting Casas analysis regarding treatment of gross pay versus disposable net pay as community property).]