CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Federal Benefits
.........Military Retirement Issues
............Characterization
4 Cards On This Topic:
  • State courts may treat military retired pay as either s/p or marital property, in accordance with law of jurisdiction.
  • Military retirement pay is s/p.
  • The Uniformed Services Former Spouses' Protection Act overruled McCarty; federal statute regarding military pensions does not pre-empt state c/p law.
  • Military retirement pay earned during marriage is c/p.