Legal Question in Family Law in California

When I retired from the Navy, my wife and I were only married over nine years and now we've been married for 21 years, if we divorce, is she entitle to my military retirement?


Asked on 2/15/11, 12:33 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

At one time she would not.

In McCarty v. McCarty (1981) 453 U.S. 210, the United States Supreme Court held that state comunity property distribution of federal military retirement benefits was implicitly preempted by federal law. In 1982, Congress passed the Uniformed Services Former Spouses' Protection Act ("USFSPA"), which overrode the Supreme Court's holding in McCarty. The USFSPA expressly permits a state court to treat retired pay as either separate or community property in accordance with state law. (10 U.S.C. sect. 1408(c)(1).)

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Answered on 2/19/11, 1:34 pm


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