In Re Marriage of Kuzmiak
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
GILBERT, J.
Husband Michael A. Kuzmiak appeals the order of the trial court finding that the division of his Air Force separation pay is community property. (10 U.S.C. § 1174. 1 We reverse the order and hold that although the trial court had jurisdiction to divide the assets of the marriage, husband’s military separation pay is his separate property unless he applies for military longevity retirement.
*
Facts
Husband enlisted in the United States Air Force in New Jersey on May 6, 1966. He married Patricia A. Kuzmiak four months later. The parties moved under military orders to Texas the…
2Cases cited12 opinions
- McCarty v. McCartySupreme Court of the United States · 1981
- In Re Marriage of BrownCalifornia Supreme Court · 1976
- Brown v. BrownCalifornia Supreme Court · 1976
- In Re Marriage of StenquistCalifornia Supreme Court · 1978
- In Re Marriage of GillmoreCalifornia Supreme Court · 1981
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