Buys v. Buys

BAKER, Justice.

The main issue in this case is whether the residuary clause in a property settlement agreement incident to a divorce, granting the wife the community property rights in the husband’s unidentified intangible property, must expressly mention military retirement benefits to comply with the Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. § 1408(c)(1). The court of appeals held that the statute requires the divorce decree to expressly mention the military retirement benefits to “treat (or reserve jurisdiction to treat)” the benefits, without which an award or partition…