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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, whether
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