In Re Marriage of Costo

Opinion

FIELDS, J. *

Appellant Bill Costo appeals from an order of the superior court which held that respondent Ruth Costo, his former spouse, is entitled to a 46 percent share of his Air Force gross monthly retirement pay, including that portion which is a Veterans Administration disability benefit, and determining that he is in arrears in the amount of $6,732.26 as of November 2, 1982. Appellant contends that the portion of his total “retirement” pay which is considered a disability benefit is not subject to community property division. We agree and shall reverse the order of the trial court.