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of the State of California, San Bernardino County (the superior
court). At the time of their divorce, Mr. Walton was still on
active duty in the USAF. In the divorce judgment, the superior
court reserved jurisdiction with respect to the distribution of
petitioner’s interest in the portion of Mr. Walton’s military
retirement benefits earned during marriage.
On August 1, 1990, Mr. Walton retired from the USAF after 26
years on active duty and began receiving military retired pay.3
Petitioner subsequently petitioned the superior court with
respect to her interest in Mr. Walton’s military retired pay. On
January 2, 1991, the superior court entered a Qualified Domestic
Relations Order (QDRO),4 which states, in pertinent part:
2. Servicemember [Mr. Walton] retired from the
United States Air Force on August 1, 1990, with fully
vested retirement rights and benefits, a portion of
which are community property of Servicemember and of
Servicemember’s former spouse, Petitioner, (hereinafter
referred to as “Non-Servicemember”) [petitioner].
* * * * * * *
4. * * * Non-Servicemember is now entitled to an
order dividing the military retirement to the extent
same was earned by Servicemember during the marriage to
3 Generally, a servicemember is eligible to retire and to
receive nondisability military retired pay after at least 20
years of service. See 10 U.S.C. secs. 8911, 2914, 2991 (2000).
There is no evidence in the record to suggest that Mr. Walton
received any disability military retired pay.
4 A QDRO is a domestic relations order that satisfies
specific requirements and provides for the payment of benefits
from a qualified plan to a spouse, former spouse, child, or other
dependent of a plan participant. See sec. 414(p).
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