In Re Marriage of Luciano

Opinion

HOPPER, J.

We here consider whether a trial court abuses its discretion in a judgment of dissolution of marriage by requiring a nonemployee spouse to wait for the receipt of his or her share of community property, consisting of military retirement benefits, until such time as the employee spouse actually retires. Our conclusion is that the proper procedure in such a case is for the trial court to retain jurisdic tion and provide that the nonemployee spouse may elect to commence receiving his or her community property portion at any time after the employee spouse becomes eligible for…