Kathryne L. Carmody v. Secretary of the Navy, and Martin D. Carmody

SPENCER, District Judge:

Kathryne C. Carmody appeals the district court’s ruling that she is not entitled to avail herself of the direct payment provision of the Uniformed Services Former Spouses Protection Act, 10 U.S.C. § 1408 (1985 & Supp.1989) (the “USFSPA” or the “Act”). For the reasons stated below, we affirm the district court’s ruling.

I

Kathryne C. Carmody and Martin D. Car-mody were married in 1942. On October 1, 1965, a California court entered a final decree of divorce which was silent with respect to the disposition of Mr. Carmody’s military retirement benefits. In March, 1983,…