In Re Marriage of Loehr

Opinion

TOBRINER, J.

This appeal presents the same issue as In re Marriage of Jones, ante, p. 457 [119 Cal.Rptr. 108,531 P.2d 420]. The trial court in the present case held that the portion of a serviceman’s disability pension attributable to military service during the marriage is community property, and awarded one half that value to his spouse. For the reasons stated in In re Marriage of Jones, supra, we reverse that determination and hold that the disability benefits are not a community asset.

David and Michiele Loehr were married July 9, 1966, and have one child. David received a commission…