- 7 - spouse, as so restricted, if the court otherwise has that power. In short, that section is an anti-alienation provision that limits a nonmember spouse from disposing of the interest. We consider, therefore, whether the State court has the authority to divide the military pension between the member and the spouse. Va. Code Ann. section 20-107.3 (Michie 1986), provides in pertinent part as follows: Sec. 20-107.3. Court may decree as to property of the parties.--A. Upon decreeing the dissolution of a marriage * * * the court * * * shall determine the legal title as between the parties, and the ownership * * * of all property * * * of the parties * * *. ****** * 2. Marital property is * * *(ii) * * * All property including that portion of pensions, profit-sharing or retirement plans of whatever nature, acquired by either spouse during the marriage * * *. ****** * C. The court shall have no authority to order the conveyance of * * * marital property not titled in the names of both parties * * *. This subsection shall not be construed to prevent the court from directing payment of a percentage of pension, profit sharing or retirement benefits as authorized under subsection G below. D. Based upon the equities and the rights and interests of each party in the marital property, the court may grant a monetary award * * * to either party. The party against whom a monetary award is made may satisfy the award * * * by conveyance of property, subject to approval of the court. ****** * G. The court may direct payment of a percentage of pension, profit-sharing or retirement benefits, whetherPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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