- 6 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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