Villasenor v. Villasenor

OPINION

BIRDSALL, Judge.

The question raised in this appeal is whether post-dissolution benefits from a federal Civil Service disability retirement annuity, payable under 5 U.S.C. § 8337, are subject to distribution as community property in a marriage dissolution. The court below concluded that the appellee had a community interest in the appellant’s annuity, and ordered that she receive $204.70 per month from his $538.00 monthly benefits. 1

Federal Preemption

Relying upon Hisquierdo v. Hisquierdo, 439 U.S. 572, 99 S.Ct. 802, 59 L.Ed.2d 1 (1979) and McCarty v. McCarty, 453 U.S. 210, 101 S.Ct.…