Gay M. Pfister - Page 7

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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            
               ****** *                                                               
                    G.  The court may direct payment of a percentage of               
               pension, profit-sharing or retirement benefits, whether                

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