Gay M. Pfister - Page 6

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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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