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jurisdiction of such court.10 If a divorce was effective before
February 3, 1991, only the “disposable retired pay”, which is the
total monthly retired pay to which a member is entitled less,
inter alia, amounts properly withheld for Federal, State, or
local income taxes, may be treated as the property of the member
and his spouse. 10 U.S.C. sec. 1408(a)(4)(C) (1988); National
Defense Authorization Act for Fiscal Year 1991 (NDAA), Pub. L.
101-510, sec. 555(b)(3), (e)(2), 104 Stat. 1485, 1569. For
divorces effective on or after February 3, 1991, Federal, State,
and local income taxes do not serve to reduce the total monthly
retired pay when determining the amount of disposable retired
pay. 10 U.S.C. sec. 1408(a)(4) (1994); NDAA sec. 555(b)(3),
(e)(2).
In the State of California, community property principles
apply in divorce proceedings. Consistent with these principles,
each spouse is considered to have a one-half ownership interest
in all property earned by either spouse during marriage. See
Cal. Fam. Code sec. 2550 (West 2004). Under California law,
military retirement benefits earned during marriage are community
property. Casas v. Thompson, 720 P.2d 921, 925 (Cal. 1986); see
In re Marriage of Gillmore, 629 P.2d 1, 3 (Cal. 1981); In re
10 In its decision in Mansell v. Mansell, 490 U.S. 581
(1989), the Supreme Court confirmed that the USFSPA empowered
State courts to divide only disposable nondisability military
retired pay in divorce proceedings.
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