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division of retired pay by a State court. Id. at 4. Instead,
the USFSPA specifically allows State courts to treat military
retired pay “either as the property solely of the member or as
the property of the member and his spouse.” Id. Further, 10
U.S.C. section 1408(c)(2), provides:
Notwithstanding any other provision of law, this section
does not create any right, title, or interest which can be
sold, assigned, transferred, or otherwise disposed of
(including by inheritance) by a spouse or former spouse.
The Senate report states that
nothing in section 1408 creates, gives, or permits to exist
any right, title, or interest which may be sold, assigned,
transferred, or otherwise disposed of by a spouse or former
spouse. It is recognized that this limitation is contrary
to certain concepts of property laws, especially the
concepts of community property laws. That is, it is
recognized that when a division of property is made pursuant
to a divorce proceeding in a State having community property
laws, each spouse usually becomes the sole owner of his or
her portion of the community property so that the spouse can
sell, assign, transfer, or otherwise dispose of that
property without limitation. These rights normally include
the right to transfer the property upon death by will or
through intestate succession laws. * * * [S. Rept. 97-502,
supra at 16.]
The report further noted that Congress did not wish to give
the former spouse any greater rights in the military retired pay
than those possessed by the military retiree. Since the military
retiree is prohibited from selling, assigning, transferring, or
otherwise disposing of his right to receive retired pay, it
follows that the former spouse would also be so limited. Id. We
find that 10 U.S.C. section 1408(c)(2) does not limit a court of
competent jurisdiction from awarding an ownership interest to the
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